Record a partial payment against the period it was paid for, leave the unpaid remainder on the ledger, and decide in writing — before accepting it — whether acceptance changes anything about a pending notice. Texas late-fee law already treats a partial payment as non-payment: Property Code §92.019 allows a fee when “any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due,” and a daily fee continues “for each day any portion of the tenant’s rent continues to remain unpaid.” The eviction question is separate and is governed by the lease and by Chapter 24.
Accounting for it
- Post the receipt on the date received, tagged to the rent period, with the method and reference.
- Do not reduce the charge row; the unpaid remainder is the running balance.
- Apply the payment as the lease directs — to rent first or to fees first — and note the rule on the row.
- If a late fee applies, post it as its own row on the day the grace period ended; a partial payment does not stop the clock unless the lease says so.
- Issue a receipt that states the amount received, the period, and the balance still owed for that period — never a receipt that looks like paid in full.
Acceptance and the notice to vacate
A landlord who has served a notice to pay rent or vacate and then accepts part of the rent risks an argument that the notice was waived. The lease can say that acceptance of a partial payment does not waive the landlord’s rights or reinstate the tenancy; many Texas leases do. Even so, decide before the money moves: if you intend to proceed, refuse the partial payment in writing or accept it with a written reservation of rights the same day. If you intend to work it out, sign a short payment plan and let the notice lapse — a new notice is cheap; a contested one is not.
A payment plan that holds up
- Dates and amounts, ending on a specific day.
- That rent for the following months remains due on the usual date.
- That the plan does not amend the lease and that default under the plan revives the original balance.
- Signatures, and a copy to the tenant under §92.024 if it is styled as a lease amendment.
Frequently asked questions
Does a partial rent payment stop a Texas late fee?
Not by itself. A fee may be charged when any portion of the rent remains unpaid two full days after the due date, and a daily fee runs while any portion is unpaid (Property Code §92.019).
Does accepting partial rent waive an eviction notice?
It can be argued to. Decide before accepting: refuse in writing, accept with a written reservation of rights, or sign a payment plan and re-serve notice later if needed (Property Code Chapter 24).
How should a partial-payment receipt read?
Amount received, the period it applies to, and the balance still owed for that period — so it cannot be read as payment in full.
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 24 — Forcible entry and detainer (§§24.005, 24.0051, 24.0053, 24.0061) ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Rent ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.