Texas Rules on Partial Rent Payments and Eviction Risk

If you're renting in Texas and worried about falling behind on rent, it's important to know how partial rent payments can affect your rights—and your risk of eviction. This guide explains what happens when you can't pay the full rent, what landlords can (and can't) do, and how to protect yourself under Texas law.

What Is a Partial Rent Payment?

A partial rent payment is when you pay your landlord less than the full amount owed for a rental period. This might happen if you have an unexpected expense or your paycheck is late. In Texas, landlords are not required to accept partial payments unless your lease says otherwise.

Can a Landlord Accept a Partial Payment and Still Evict?

Yes, in Texas, a landlord may accept a partial payment and still move forward with eviction unless you both sign an agreement that the payment fully resolves the rent debt. The rules are explained in the Texas Property Code, Section 24.¹

• If you pay part of the rent and the landlord accepts it, that does not automatically stop eviction.
• To stop eviction, you may need a written agreement with your landlord clearly stating that acceptance of the partial payment means the eviction will not continue.
• Otherwise, your landlord can accept the payment and still give you a "Notice to Vacate."

Required Notice to Vacate

Before filing for eviction, landlords must give you a written notice to vacate. By Texas law, this notice must give you at least three days to move out, unless your lease says otherwise.

• Form: Notice to Vacate
• When used: If you have not paid rent, or have only paid part of it, your landlord may use this form to inform you they are starting the eviction process.
• Where to find: Your landlord prepares this form directly; however, Texas State Law Library's Eviction Guide explains the process and sample notices.

Tenant's Right to Cure and Avoid Eviction

If you receive a "Notice to Vacate," paying all rent due—including the amount not covered by your partial payment—before the three days expire may prevent eviction. This is sometimes called the "right to cure." However, after the notice period, your landlord may file for eviction in Justice Court.

Texas Eviction Process: What to Expect

Here’s what generally happens if you make a partial payment but can’t pay the full amount on time:

• Landlord gives you a Notice to Vacate (minimum three days).
• If you don’t pay the full amount or move out by the deadline, your landlord may file an eviction case (Forcible Detainer Suit) with the local Justice of the Peace Court.
• The court sets a hearing date and notifies you.
• You can present your case at the hearing or seek legal help.

This process is governed by the Texas Property Code Chapter 24 and Texas Rules of Civil Procedure, Rule 510.²

Tip: If you need more time, communicate in writing with your landlord and save copies of all correspondence. Try to make payment arrangements if possible.

Common Forms and Practical Examples

• Justice Court Petition (Eviction Case Petition)
  • Form Name/Number: Justice Court Civil Case Information Sheet
  • When used: Your landlord files this when starting an eviction case.
  • Practical Example: If you receive a court summons, it means your landlord has taken this step.
  • Find it here: Civil Case Information Sheet (Texas Courts)
• Defendant’s Answer
  • Form Name/Number: Answer Form for Eviction (not statewide, but some counties provide; check with your local Justice Court)
  • When used: You use this to respond to an eviction lawsuit and explain your side, such as proof of payment or requests for more time.

The Justice Court in your area oversees all residential eviction cases. Find yours via the Texas Judicial Branch Justice Courts Directory.³

How to Protect Yourself if You Can't Pay Full Rent

If you are struggling to pay, consider these steps:

• Inform your landlord as soon as possible—in writing—about your situation.
• Request a written payment plan or agreement if your landlord accepts a partial payment.
• Keep copies of all communications and receipts.
• Seek help from local or state rent relief resources if available.
• If you get a Notice to Vacate or court papers, seek legal help immediately.

Frequently Asked Questions

1. Is a landlord required to accept partial rent payments in Texas?
   No, Texas law does not require landlords to accept partial payments unless the lease says so.
2. Will making a partial rent payment prevent eviction?
   Not automatically. Unless you have a written agreement, your landlord may accept partial payment and still proceed with eviction.
3. Can I be evicted if my landlord takes part of my rent?
   Yes—the landlord may accept your payment and still give you a Notice to Vacate, unless you have a signed agreement to resolve the unpaid balance.
4. What happens after I receive a Notice to Vacate?
   You have at least three days to pay the full balance, move out, or work out an agreement. If you don't, your landlord may file for eviction in Justice Court.
5. Where can I get help if I'm facing eviction for unpaid rent?
   Legal aid services, your local Justice Court, and Texas state resources can provide guidance and assistance.

Need Help? Resources for Renters

• TexasLawHelp.org Eviction Resources – Step-by-step guidance on dealing with eviction and rental disputes.
• Texas Justice Courts Directory – Find your local Justice of the Peace Court to check case status or file answers.
• Texas Department of Housing and Community Affairs – Housing and rent assistance programs.
• Texas State Law Library Eviction Guide – Official legal information and sample forms.
• Legal Aid of Northwest Texas: lanwt.org

---

1. Texas Property Code, Chapter 24 – Eviction procedures.
2. Texas Rules of Civil Procedure, Rule 510 – Eviction case rules.
3. Texas Justice of the Peace Courts handle all residential eviction cases.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations