As a lone star state tenant, you have a responsibility to make sure that you’re able to pay rent to your landlord on time. That said, what happens if you can’t pay rent in Texas?
In Texas, a landlord must first issue a Notice to Vacate (minimum three days) for nonpayment of rent, after which they can file an eviction lawsuit, potentially resulting in a court-issued Writ of Possession that allows a constable to forcibly remove the tenant. That said, there are steps you can take to potentially prevent this from happening, which we’ll delve into. Let’s jump right in.
Key Takeaways
- If you can’t pay rent in Texas, your landlord must first issue a written Notice to Vacate, typically giving you three days to move out (or possibly pay the rent and stay, if the landlord includes that as an option).
- If you don’t obey the notice, the landlord can file an eviction lawsuit, leading to a court hearing where a judge may grant the landlord a Writ of Possession allowing a constable to forcibly remove you.
- To avoid eviction, you should communicate with your landlord about a payment plan or temporary reduction and immediately apply for emergency rental assistance or seek help from nonprofits.
What Happens if You Can’t Pay Rent in Texas?
As a rental property management company, we can tell you what usually happens if you can’t pay rent in Texas. Here’s how it typically goes:
If you can’t pay the rent, the landlord must first give you a written Notice to Vacate. Typically, this gives you at least three days to move out, unless your lease specifies a different timeframe. If you pay the full delinquent rent and any associated fees before the landlord files the eviction lawsuit, it is generally a defense against the eviction for nonpayment of rent. However, the landlord is not legally required to accept payment to stop the eviction after the notice period expires.
If they don’t accept the rent or you don’t pay it to begin with, the landlord can file an eviction lawsuit. You’ll be served with court papers and be able to attend a court hearing to present your defense. Typically, this happens 8-10 days after they file the suit. If you win, you can stay for now. If you lose or don’t show up, the judge will decree that the landlord can take back the property, and you don’t have the right to live there anymore.
Finally, if you still don’t leave, the landlord may get a Writ of Possession, which allows a constable to forcibly remove you and your belongings from the property, usually after posting a 24-hour notice on your door.
What to Do if You Can’t Pay the Rent
We know that not being able to pay the rent is an incredibly stressful, high-stakes situation. Luckily, there are steps you can take to help prevent the problem from escalating. Let’s get into them:
Talk To Your Landlord First
If it’s your first time falling behind on rent, you might be able to talk to your landlord to try and reach an understanding.
If your landlord is willing to listen, explain your situation earnestly and honestly, and discuss what you can do realistically. Agree upon a timeline as to how you plan to amend the situation. But when you do, be sure to stick to it to avoid any problems. Make sure the plan you agree on is in writing and signed.
Request a Payment Plan or Temporary Reduction
Now, what happens if you can’t pay rent fully, but you have the ability to pay for a portion of it? If that’s the case, you can ask your landlord or property manager if they will accept a structured payment plan. For example, you could give a partial rent payment on the due date and provide smaller payments over the month to cover the remaining balance.
If possible, you can also ask for a temporary rent reduction. Here, your landlord will adjust the rent (for the meantime) to a point that you can pay for it completely so that you don’t incur any late fees or penalties. Then, once you’re able to resume normal payment, your landlord can set up a repayment plan for the portions of the missed rent that you previously deferred.
To be clear, landlords don’t agree to this often, but it can’t hurt to ask. Always ensure this agreement is in writing. We recommend you send your correspondence regarding rent issues via certified mail or email with a read receipt to create a verifiable paper trail. In general, always keep a copy of the rent notice, all of your communication with them, and records of any partial payments made.
Apply for Emergency Rental Assistance
Most areas have rental assistance programs. In San Antonio and Bexar County, for example, there are several rental assistance programs that you can apply for to cover overdue rent, utilities, and even future payments. However, keep in mind that this often involves a lengthy process, so it’s best to apply immediately. Also, you should inquire if the assistance program pays the landlord directly, as this is a common requirement.
Apply for Housing Vouchers & Long-term Aid
Now, if your financial situation appears to be a long-term challenge, you can also apply for housing vouchers and aid that will help you find an affordable, safe, and stable housing option. For example, there is the Housing Choice Voucher Program, which is a rental assistance program that supports people with lower incomes and other criteria. The good thing about this program is that it is not limited to subsidized housing projects and can be applied to the private rental and housing market as well. Be aware, though, that most Housing Choice Voucher Programs have waitlists that can span several years, so it is not an immediate solution.
Seek Help from Nonprofits & Charities
Another possible alternative to government-funded rental assistance programs is to connect with nonprofit organizations and charities. There are a lot of organizations committed to helping individuals and families secure housing, avoid evictions, and meet their basic needs. While eligibility requirements typically differ from one organization to another, they can offer help in terms of direct rental assistance, utilities aid, food and household support, and even financial counseling. That said, you should always do your due diligence on any organization that provides financial aid before you move forward. You don’t want to get caught up in a scam.
Get a Roommate
If you haven’t already, having a roommate can be a great way to make ends meet. They can help you split the cost of the rent between you, so the burden isn’t all on you.
As an aside, always get your landlord’s written permission before you get one. If you don’t, you likely will be violating your lease.
Take on Side Income or Gig Work
Now, if you’re struggling to make rent but still don’t want to move, you need to find ways to generate more income. While getting a second or third job is not particularly ideal, you could compromise by taking on part-time jobs or gig work. Nowadays, there are a lot of flexible side jobs, such as delivery and rideshare apps, online freelancing, and more. Supplementing your primary source of income can make a huge difference in your cash flow and overall stability. Again, always carefully verify the job before you take it!
Explore Mediation with Landlord
What happens if you can’t pay the rent and you’re finding it difficult to reach any agreement? If your conversations are at a stalemate, mediation by a third party (which is often free or low-cost) can help you and your landlord reach a workable solution for the situation. This intervention is far better than allowing your case to escalate in court.
That said, we’re only providing general information for educational purposes only. While we aim for accuracy and reliability, the information shared is not meant to be relied on as legal, tax, financial, or specific regulatory advice. We strongly recommend that you always consult with a licensed attorney, CPA, or other qualified professional in your specific jurisdiction for advice tailored to your unique circumstances, as reading this blog does not establish a client or advisory relationship with us.
Get Exceptional Tenant Support with Bay Property Management
If ever you find yourself unable to pay rent on time, there are various ways for you to face this undoubtedly stressful situation. You can start by asking your landlord or property manager politely for consideration and come up with a payment plan (partial payment, rent adjustment, etc.) that works for both of you. On the other side, you can also take steps to amend your financial situation, from applying for housing aid and assistance to taking on part-time jobs to improve your cash flow.
Want a more affordable rental? Turn to the best property management companies near me, and you’ll find Bay Property Management Group might just have the rental you need! Our professionals have rentals in all shapes, sizes, and yes, price points. There’s bound to be something that fits your budget. Interested? Look at our listings today!