Tenant law in plain language
Austin

Can't Pay Rent in Austin: What Are My Options?

Published by Nazanin · August 18, 2026

Missing rent is stressful, but you still have rights. Late fees have limits, lockouts have strict rules, and a new Texas law gives many renters a chance to catch up. Here is what to do.

Need help now? Local Help in Austin: legal aid, rent assistance, and who to call
Not legal advice. Each answer below links to where it comes from. Read it before you act.

  1. Your landlord can only charge a late fee if the fee is written in your lease. No fee is allowed until your rent is 2 full days late. If your landlord charges a late fee that breaks this rule, they owe you money. You can get $100, plus 3 times the fee, plus your lawyer costs. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Texas Property Code § 92.019(a)(3)

    ✓ Sources checked September 28, 2026

  2. Owing rent does not let your landlord cut your utilities (water, electric, and gas). The landlord may not shut off water, gas, or electric service they supply, except for real repairs, construction, or an emergency.

    Texas Property Code § 92.008(b)

    ✓ Sources checked September 28, 2026

  3. A new rule started in 2026. If this is your first missed month this lease term, and you only owe 1 month, the landlord must let you catch up. They must send a Notice to Pay Rent or Vacate before they can sue. Try talking to your landlord early. Many landlords will take a payment plan or give you extra time instead of going to court.

    TexasLawHelp.org What is a Notice to Pay Rent or Vacate?

    ✓ Sources checked September 14, 2026

  4. A landlord can only change your locks for unpaid rent if the lease allows it and they give advance written notice. Even then, they must hand you the new key at any hour. That is true even if you pay nothing.

    Texas Property Code § 92.0081(c)(2)

    ✓ Sources checked September 28, 2026

  5. If your landlord breaks the rules about locking you out, or cutting off utilities (water, electric, gas), you can get back into your home. You can also collect money. File a sworn complaint at the justice court to ask for a fast order letting you back in. The penalty for the landlord is 1 month's rent plus $1,000, plus money for your losses and legal fees. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Texas Property Code § 92.0081(h)(2) Texas Property Code § 92.009(c)

    ✓ Sources checked September 28, 2026

  6. If you cannot catch up to your rent, the landlord can file an eviction case. You still get a court hearing, usually 10 to 21 days after filing. If you lose, you have 5 days to appeal.

    TexasLawHelp.org How long does an eviction take?

    ✓ Sources checked September 14, 2026

  7. For help paying bills in Austin, dial 877-541-7905. It is a free line for state and local help programs, open 24 hours a day, 7 days a week.

    City of Austin General Information

    ✓ Sources checked September 28, 2026

  8. Call the Austin Tenants Council at 512-474-1961 for free advice. Call them before you sign anything or miss a hearing. Advocates can explain your choices and send you to other help groups.

    Austin Tenants Council Telephone Counseling

    ✓ Sources checked September 28, 2026

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