Austin

Can't Pay Rent in Austin

Reviewed by Cameron Monteith · Last verified 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.

Not legal advice. Every statement below links to its primary source. Read the source before relying on this information. If you need legal help, contact your local legal aid organization.

  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 an illegal late fee, they owe you money. You can collect $100, plus 3 times the illegal fee, plus your lawyer costs.

    Texas Property Code § 92.019(a)(3)

  2. Owing rent does not let your landlord cut your utilities. 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)

  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?

  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)

  5. If your landlord breaks the lockout or utility rules, you can get back in and collect money. File a sworn complaint at the justice court for a fast reentry order. The penalty for the landlord is 1 month's rent plus $1,000, plus your actual damages and legal fees.

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

  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?

  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

  8. Call the Austin Tenants Council at 512-474-1961 for free counseling before you sign anything or skip a hearing. Advocates can explain your options and refer you to other agencies.

    Austin Tenants Council Telephone Counseling

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