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In the state of Texas, how far behind on your rent do you have to be behind, before eviction is filed?

Houston, TX |

Eviction was filed on the 27th and I paid rent on the 30th.

Attorney Answers 3


1 second late is enough for a landlord to proceed to eviction. However, if the landlord accepted the payment, you may have a defense (payment) to the eviction. Bring copies of any checks and bank statements showing the check was cashed.

If this response was helpful, please mark it as helpful or as a best answer. The response provided herein is for informational purposes only and is not intended as legal advice, nor does it establish or intend to establish an attorney-client relationship. You should always speak with a licensed attorney regarding your legal rights before taking or not taking any particular action. In certain jurisdictions, this response may be considered an advertisement. In such circumstance, Kevin M. Koel is responsible for all content stated in the response. Kevin M. Koel is not certified by the Texas Board of Legal Specialization for any particular practice area, nor does Kevin M. Koel claim specialized knowledge in any practice area.

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Like most questions involving landlord-tenant law, the answer depends on what your lease says.

Many leases say that rent is due on the first of the month, late after the close of business on the first, and late fees start on the 3rd. Unless the lease says otherwise, a landlord is not required to take late rent. However, you should carefully read your lease to see exactly what you agreed to. I've seen leases that explicitly give the tenant the right to make late rent payments.

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I agree with my colleagues. Hopefully your landlord accepted the rent which will provide you a defense to the eviction. A helpful pamphlet on tenants rights is located at

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.

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