Arrears follow a fixed order in Texas: a correct ledger, a reminder, the late fee the lease allows, the statutory notice, and only then a filing. Two statutes set the tempo. Property Code §92.019 permits a late fee once any portion of the rent has been unpaid two full days after the due date. Property Code §24.005 requires at least three days’ written notice to vacate before an eviction suit — and, since the 2025 amendments, that notice must take the form of a notice to pay rent or vacate for a tenant who was not late before the month in which it is given. Nothing in the process allows a lockout without the §92.0081 procedure, a utility cut-off (§92.008) or removal of the tenant’s property.
The workflow
| Day | Action | Rule |
|---|---|---|
| Due date | Check the ledger and the portal; confirm no payment is pending | — |
| Day 2 | Courtesy reminder in writing (e-mail or text as the lease allows) | — |
| Day 4 (after two full days) | Post the late fee the lease provides; send a statement of the balance | §92.019; §92.0191 on request |
| Day 5–7 | Written notice to pay rent or vacate (first-time-late tenant) or notice to vacate (previously delinquent), delivered as the lease and §24.005 allow; at least three days | §24.005 |
| After the notice period | If unpaid and still in possession: file the eviction petition in the justice court of the precinct where the property lies | §24.004; Harris County JP guide |
| Any day | Accept a payment plan in writing, or accept a partial payment with a written reservation of rights — never silently | Lease |
Delivering the notice
§24.005 sets the content and the minimum period; the lease may set a longer or shorter period and the delivery method. Keep proof: a photograph of the notice affixed as the statute permits, the mail receipt, or the e-mail if the lease authorises it. The date of delivery, not the date written, starts the three days.
What a landlord may not do
- Change the locks without the §92.0081 notice and 24-hour key availability, and never as a way to end the tenancy.
- Interrupt utilities (§92.008): actual damages, one month’s rent plus $1,000 and fees.
- Remove doors, fixtures or the tenant’s property (§92.0081(a)); the landlord’s lien in Chapter 54 reaches only non-exempt property and only under a written lease clause, and never the exempt items §54.042 lists.
- Retaliate within six months of a repair request or complaint (§92.331).
Frequently asked questions
How soon can a Texas landlord charge a late fee?
Once any portion of the rent has remained unpaid two full days after the original due date, if a written lease provides for the fee (Property Code §92.019).
What notice is required before an eviction for non-payment?
At least three days’ written notice (unless the lease sets another period); for a tenant who was not late before that month it must be a notice to pay rent or vacate (Property Code §24.005).
Can a landlord change the locks for unpaid rent?
Only under the §92.0081 procedure — written notice on the door with a 24-hour location or number to obtain the new key — and the tenant may still obtain the key; a lockout is not an eviction (Property Code §92.0081).
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 Property Code, Chapter 54, Subchapter C — Residential landlord’s lien (§§54.041–54.045) ↗
- Harris County Justice Courts — Filing an eviction case ↗
- Texas State Law Library — Evictions ↗
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.