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

1. Your landlord may charge a late fee only if the fee is written in your lease. Rent must also stay unpaid for 2 full days after the due date. If rent is due on the 1st, no late fee is allowed on the 2nd or 3rd. The fee can start on the 4th. This 2-day rule only limits late fees. It does not stop an eviction for late rent.

   TexasLawHelp.org Do I have to pay late fees to become current on rent? Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019) § 92.019(a)

   ✓ Sources checked September 14, 2026

2. A late fee is legal only if it is reasonable. Texas law treats a fee as generally reasonable if it is at most 12% of the rent in a building with 4 or fewer homes. In a building with more than 4 homes, the limit is 10%. On $1,000 rent, that is $120 in a small building and $100 in a large one. A landlord can charge more only by proving the late payment cost them more than that. An initial fee plus daily fees count together as one late fee under these limits.

   TexasLawHelp.org Do I have to pay late fees to become current on rent? Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019) § 92.019(a-1), (b)

   ✓ Sources checked September 14, 2026

3. If your landlord collects a late fee that breaks these rules, you can sue. You can get $100 plus 3 times the improper fee plus your lawyer's fees. If the improper fee was $200, that is $100 plus $600, so $700 before lawyer's fees. You can also ask your landlord in writing whether you owe any late fee and how much. Your landlord must answer through the usual way you two communicate in writing. Keep the answer with your rent records.

   Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019) § 92.0191

   ✓ Sources checked September 14, 2026

4. If you pay rent in cash, your landlord must give you a written receipt and record the date and amount. Your landlord must accept cash paid on time unless a written lease requires a check, money order, or another traceable payment. A landlord who breaks this rule owes you the greater of 1 month's rent or $500 for each violation, plus court costs and lawyer's fees. Keep every receipt, bank record, and text about rent. They are your proof if your landlord later claims you did not pay.

   Texas Legislature § 92.011(c)

   ✓ Sources checked September 12, 2026

5. Paying part of the rent does not protect you by itself. Late fees may run on any part of the rent that stays unpaid. If you can only pay part, ask your landlord in writing for a payment plan and keep a copy of what you agree to.

   TexasLawHelp.org I’ve been served with the eviction lawsuit. What now? Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019) § 92.019(b) Texas Legislature § 92.0081(b)(3)

   ✓ Sources checked September 12, 2026

6. Before suing to evict you for unpaid rent, your landlord must give you a written notice. It is either a notice to vacate (a letter saying you must move out) or a notice to pay rent or vacate. The notice must give you at least 3 days, unless your written lease sets a shorter or longer time. Many Texas leases set only 1 day. Your landlord can deliver it by mail, or by leaving it inside your home in a visible place. Handing it to anyone in the home who is 16 or older also counts. Email counts only if you agreed to that in writing. The notice date is not a move-out date. It is only how long the landlord must wait before filing in court.

   TexasLawHelp.org Notice Deadlines Texas Legislature § 24.005(f-3)

   ✓ Sources checked September 12, 2026

7. Since January 1, 2026, you have a limited right to pay late rent and stay. It applies if the only problem is unpaid rent and you were never late before the month of the notice. Then your landlord must give you a notice to pay rent or vacate. If you pay the full amount, plus any late fees the lease allows, by the notice deadline, the landlord cannot file the eviction. If you were late before, the landlord may send a plain notice to vacate instead, and paying late does not automatically stop the case. Ask anyway. Many landlords accept the money.

   TexasLawHelp.org Do I have the right to make up late rent before getting evicted? Texas Legislature § 24.005(a)

   ✓ Sources checked September 12, 2026

8. Your landlord cannot lock you out for unpaid rent unless your lease allows lock changes and the landlord follows strict steps. First, the landlord must give you a written notice by mail at least 5 days before OR by hand delivery or posting inside your front door at least 3 days before. It must state the earliest lock-change date, the amount you must pay to stop it, and where to pay. Then, after changing the lock, the landlord must post a notice on your door. It must give a 24-hour place or phone number to get the new key. Your landlord must give you the new key at any hour even if you pay nothing.

   Texas Legislature § 92.0081(f) TexasLawHelp.org (Texas RioGrande Legal Aid) So, all I have to do is ask for a key and my landlord must give it to me?

   ✓ Sources checked September 12, 2026

9. If your landlord locks you out without following these steps, or refuses you a key, go to the justice court for your precinct. File a sworn complaint for reentry. The judge can sign a writ of reentry (a court order letting you back in) the same day, and a constable can enforce it. You can also sue your landlord for 1 month's rent plus $1,000, your actual losses, court costs, and lawyer's fees.

   Texas Legislature § 92.0081(h)-(i)

   ✓ Sources checked September 12, 2026

10. Your landlord cannot shut off your utilities (water, electric, gas) because you owe rent. This covers utilities you pay the utility company for and utilities your landlord provides. The only exception is electricity the landlord bills you for through a submeter or shared meter. Even then, the shutoff can only be for an unpaid electric bill, with a written notice at least 5 days before. If your landlord cuts a utility illegally, file a sworn complaint at the justice court. Ask for a writ of restoration (a court order to turn it back on). You can also sue for your actual losses plus 1 month's rent plus $1,000, plus court costs and lawyer's fees.

    Texas Legislature § 92.0091(c) TexasLawHelp.org Court Forms

    ✓ Sources checked September 12, 2026

11. Only a court can remove you. After the notice period ends, your landlord must file an eviction case in the justice court. The court sets a trial between 10 and 21 days after the filing. You will get court papers called a citation. Go to the hearing, bring your rent records, and raise any defenses. Read the eviction defense page for how to answer the case and what happens after.

    TexasLawHelp.org Notice Deadlines Texas Legislature § 24.0051(g)

    ✓ Sources checked September 12, 2026

12. Texas has no statewide rent relief program open right now. Use the state's Help for Texans search (tdhca.texas.gov/help-for-texans), pick a type of help, and enter your city or county to get a list of providers. Providers may be out of funds, so call more than one. You can also dial 2-1-1 or (877) 541-7905 to reach 2-1-1 Texas.

    Texas Health and Human Services Commission (2-1-1 Texas) Home Texas Department of Housing and Community Affairs Texas Rent Relief and the Texas Eviction Diversion Program Texas Department of Housing and Community Affairs Find Help in 3 Easy Steps

    ✓ Sources checked September 14, 2026

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