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

What the law says

1. 1

   Your landlord can only charge a late fee if your lease says so. Rent must also stay unpaid for 2 full days after it is due. 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.

   Sources:

   1. Do I have to pay late fees to become current on rent?, TexasLawHelp.org. A nonprofit group.
   2. § 92.019(a), Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019). Law.
2. 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.

   Sources:

   1. Do I have to pay late fees to become current on rent?, TexasLawHelp.org. A nonprofit group.
   2. § 92.019(a-1), (b), Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019). Law.
3. 3

   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.

   Sources:

   1. I’ve been served with the eviction lawsuit. What now?, TexasLawHelp.org. A nonprofit group.
   2. § 92.019(b), Texas Legislature (S.B. 1414, 86th Leg., enrolled text of Property Code § 92.019). Law.
   3. § 92.0081(b)(3), Texas Legislature. Law.
4. 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 payment method that can be tracked. 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.

   Source:

   1. § 92.011(c), Texas Legislature. Law.
5. 5

   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. It can be mailed at least 5 days before, or hand delivered or posted 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.

   Sources:

   1. § 92.0081(f), Texas Legislature. Law.
   2. So, all I have to do is ask for a key and my landlord must give it to me?, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
6. 6

   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 asking to get back in. 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. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 92.0081(h)-(i), Texas Legislature. Law.
7. 7

   Your landlord cannot cut water, gas, or electric service the landlord provides, unless it is for real repairs, construction, or an emergency. Submetered electricity has separate rules. If it is illegal, file a sworn complaint at the justice court. Ask for a writ of restoration (a court order to turn it back on). You can sue for your losses, 1 month's rent, $1,000, court costs, and lawyer's fees, minus any rent you owe. You get this money only if you win your case and your landlord pays.

   Sources:

   1. Our editorial rules.
   2. § 92.008(b), Texas Property Code. Law.
   3. § 92.0091(c), Texas Legislature. Law.
   4. Court Forms, TexasLawHelp.org. A nonprofit group.
8. 8

   If your landlord bills you for electricity through a submeter (a separate meter for just your unit) or a shared meter, it can cut power. This applies for an unpaid electric bill. Your lease must allow it. The bill must be unpaid on the 12th day after it was issued. You must also get a written notice at least 5 days before it cuts power. Other limits also apply.

   Source:

   1. § 92.008(h)(1)-(2), Texas Property Code. Law.

Get help paying rent

9. 9

   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.

   Sources:

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