Can I get evicted for one late rent payment in Texas? (2024)

FAQs

Can I get evicted for one late rent payment in Texas? ›

Yes, if the lease requires payment of late fees and says that tenants may be evicted for violating the terms of the lease. You can also be evicted even if you do pay late fees, but you pay your rent late.

Late Fees. Texas law allows landlords to collect "reasonable" late fees if any portion of the rent remains unpaid more than two full days after it was due. In order to collect this late fee, the landlord must have included notice of it in a written lease.

Most states give tenants between three and ten days; Washington DC and New Jersey specify 30. In Texas, the rules are stacked against the tenant. Unless the lease or rental agreement specifies otherwise, when the rent is unpaid, landlords must give tenants three days to quit.

Not paying any part of the last month's rent can make you liable to the landlord for three times the amount of rent you don't pay. If you owe rent and there is no dispute over the amount you owe, the landlord can keep the security deposit for the amount you owe.

Talk to Your Landlord

You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

Tenant Rights to Withhold Rent in Texas

Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see Texas Tenant Rights to Withhold Rent or "Repair and Deduct".

In this case, tenants are not allowed to renew their lease. The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.

Evictions typically show up on records within 30 to 60 days; the exact amount of time it takes for these records to appear depends on the court system, the filing agencies, and what types of screening services are being used to check this data.

Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

What to do if you can't pay rent Texas? ›

To contact the Texas Rent Relief program, please call 1-833-9TX-RENT (1-833-989-7368). The Texas Department of Housing and Community Affairs (TDHCA) created the Texas Rent Relief program to help Texas renters pay rent and utility bills (including past due rent and utilities).

In Texas, an eviction is also called a “forcible entry and detainer,” and a landlord cannot remove a tenant from the property without filing such a case. You can be evicted for violations of terms listed in your lease, for example: Not paying the rent.

Cannot charge any fees not covered by Texas Rent Relief, including unreasonable late fees. The landlord cannot charge any fees that Texas Rent Relief does not cover. Prohibited fees inclue but are not limited to: Returned check fees.

If the tenant does not move out of the rental unit at the end of the three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2021).)

One option for perfecting the appeal of your eviction suit is to file an appeal bond. This form is adaptable for justice courts in all counties in Texas, though it is advisable to consult with an attorney before filing.

When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.

At this time, the Texas Rent Relief program has committed all available funds and is now closed. During the recent re-opening of the application portal on March 14, 2023, requests for assistance far exceeded available funding within the first 24 hours.

No-Show/Default. If you don't appear at the trial, the landlord wins by a default judgment. Six days after the judgment, they can ask the Justice Court for a "Writ of Possession" to remove you. The constable will then post a 24 hours' notice to vacate on your front door.

You are hereby notified that you are required to vacate the above noted rental unit by the ________ day of _________________, ______ which is not less than THREE (3) days from the date on which this notice is delivered.

A record of an eviction is usually enough to flag an application for denial. In Texas, tenants who are evicted—because they cannot pay rent, because they don't show up to court, or because they don't know their rights—have little recourse when it comes to clearing their rental history.

How much notice does a landlord have to give to raise rent in Texas? ›

Texas Laws Regarding Rent Increase, Notices, and Fees

Texas is unique in that landlords do not need to provide notice before raising the rent. However, it is typical in the state to give at least 30 days before increasing the rental rate on month-to-month or yearly leases.

Texas courts have held that a landlord may not enter your home unless you allow the entry or the lease gives the landlord specific reasons to enter.

An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

A Texas Lease Termination Letter Form (30-Day Notice) is a legal document that may be completed and delivered by either a landlord or tenant to serve a 30-day notice to vacate a rental property.

To lawfully evict a tenant in Texas and fully repossess your property, you or an agent acting on your behalf must file an eviction suit in the correct Justice of the Peace Court. The court will set a hearing date and notify both the landlord and the tenant when the eviction trial will take place.

If you don't have a lease agreement, though, you can still evict a tenant as long as you follow Texas eviction laws. If there is no lease, a Texas landlord can evict a tenant without providing a reason. Simply give notice to vacate, and follow eviction proceedings if the tenant fails to leave.

If you've experienced an eviction, the removal process and judgement won't appear on your credit reports. However, there are some potential consequences of an eviction that may still appear on your credit reports and impact your scores.

Can I evict my family members in Texas? Under Texas law, you may not utilize “self-help" evictions to evict your family members. You cannot just physically remove them from the property. If there is a written lease, you can evict them for a breach of the lease as any other landlord could.

Red flags for rental scams include prices that seem too good to be true, requests to send money via a wire transfer or the inability to tour a rental unit before signing a lease.

Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, and award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.

Is Texas a tenant friendly state? ›

Despite high property taxes, Texas' laws favor a landlord's rights when it comes to security deposits and eviction notices, making it a landlord-friendly state. In addition, Texas does not have a state-wide requirement for landlords to obtain a license.

To Recover Rent Payments

Is your tenant failing to pay their rent? First, send them a notice that gives them time to make it right. If they still fail to comply, you can choose to follow the eviction process and sue them for the rent owed.

File a complaint with the court, including the facts of the case and how much money is owed. Once the complaint is filed, you must serve the tenant following the instructions provided by small claims court. Often, you may do this by hand-delivering it or sending it by certified mail.

In Texas, wage garnishment is prohibited by the Texas Constitution except for a few kinds of debt: child support, spousal support, student loans, or unpaid taxes. A debt collector cannot garnish your wages for ordinary debts. However, Texas does allow for a bank account to be frozen.

Your landlord also has an obligation to provide a habitable unit which includes making necessary repairs and providing hot water. If your home becomes uninhabitable, you may be able to terminate your lease early or make the repairs and deduct the cost from your rent.

At this time, the Texas Rent Relief program has committed all available funds and is now closed. During the recent re-opening of the application portal on March 14, 2023, requests for assistance far exceeded available funding within the first 24 hours.

The Emergency Housing Voucher (EHV) program is a tenant-based voucher program funded through the American Rescue Plan Act of 2021 (ARPA). ARPA was signed into law on March 11, 2021, and included funding for approximately 70,000 EHVs.

If they refuse to pay, they must move out—and if they don't move out, you'll have to follow future eviction proceedings.

Once the tenant is found to be in violation of the contract, they are sent a lease violation notice. This written notice informs the tenant of the lease term or policy that they failed to follow. The tenant must also remedy the problem within a given time period.

Texas doesn't have any specific laws regarding the removal of squatters from your property. This, therefore, leaves you with one option: the judicial eviction process. The eviction process must begin with serving the squatter an eviction notice.

Where can I file a complaint against my landlord in Texas? ›

The Texas Workforce Commission ("TWC") is the entity responsible for enforcing the Fair Housing Act in the State of Texas. You have one year after an alleged violation to file a complaint, but you should file it as soon as possible. The following information will be requested: Your name and address.

A Motion to Dismiss is a request to the court to throw out a lawsuit. This Motion says that the eviction should be thrown out because the landlord should not have filed the eviction because of the CARES Act.

Eviction Cases are governed by Rules 500 – 507, and Rules 510.1 0 510.13, Texas Rules of Practice in Justice Courts. Eviction Cases must be filed in the Justice Court in the Justice of the Peace Precinct in the county in which the real property is located.

Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.

According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.

Can I expunge my eviction record? Unfortunately, you cannot expunge evictions from your rental record in Texas. However, if you have an active eviction lawsuit, talk to your landlord about the Texas Eviction Diversion Program.

Here's how it works: "Constructive eviction" is a defense used in court, when: a rental unit becomes unlivable, and. the tenants have moved out because of the issues which caused the unit to become unlivable, and. the landlord is suing those tenants for rent once the tenants have left.

24 Hour Notice Period

So, while Texas law does not specify the time period that landlords must give tenants to enter for non-emergency reasons, 24 hours is a good place to start . Schedule the entry during regular business hours, and try to work around the tenant's schedule as much as possible.

Texas Laws Regarding Rent Increase, Notices, and Fees

Texas is unique in that landlords do not need to provide notice before raising the rent. However, it is typical in the state to give at least 30 days before increasing the rental rate on month-to-month or yearly leases.

If there is a written lease, it may say how far in advance a tenant needs to notify the landlord before they can move out of the apartment. Texas law does not say how much notice must be given to a landlord if the lease is not a month-to-month lease.

How long does it take to get evicted in Texas? ›

A writ of possession cannot be issued more than 60 days after the judgment is signed, but a court can allow 90 days for good cause. The writ of possession cannot be executed after the 90th day after the judgment is signed.

When is an Eviction Illegal? There are circ*mstances where an eviction is simply illegal as a matter of law. A landlord cannot evict a tenant based on race, sex, national origin, disability or family status.

Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. They cannot file an eviction suit before they give this notice in writing.

You must get written notice to vacate before the landlord can file a lawsuit to evict you. This notice to vacate must give you at least three days unless your lease allows for a shorter time.

Texas is considered a "one-party consent" state. This means that unless at least one of the parties to a conversation consents, both Texas and federal wiretapping laws make it a crime to record an audio conversation, either in person or over the phone, if the parties have a "reasonable expectation of privacy."

There is no maximum rent increase in Texas since Texas has no rent control laws. Landlords can raise the rent as much as they like. Even though the Texas state government has not set a maximum rent increase limit, that doesn't mean landlords are allowed to increase rents however and whenever they want.

A month-to-month tenancy is what it sounds like—a repeating month-long lease. Be aware that if you are in a month-to-month tenancy, the landlord or tenant must only give 30 days' notice before the lease ends. If the lease term is more than one year, it must be in writing, or it is unenforceable.