What Can a Texas Landlord Do If a Tenant Stops Paying Rent?

 Posted on May 23, 2025 in Real Estate Law

Renting your property for income can be financially rewarding. If your tenant stops paying rent or threatens to do so, that can harm your income to the point where you could lose thousands of dollars a month. It is also frustrating, unacceptable, and, of course, unlawful. If you have not faced this situation before, you may be wondering what your options are if your tenant stops paying rent. It is possible to evict the tenant, but there is a process you must follow first, and there are other options to consider prior to initiating an eviction action. An experienced Hill County, TX real estate attorney can advise you on your options and ensure that your rights as a landlord are protected.

What Should You Do When Your Tenant Stops Paying Rent?

Attempt to Resolve the Issue Amicably

Although you can evict a non-paying tenant, in practice it can be a good strategy to discuss the issue first with the tenant in order to understand if this was a one-time error. Perhaps the tenant forgot or their automatic payment did not go through due to a technical issue. Perhaps the tenant is usually great at paying rent but has a temporary issue causing the delay. If this is something that can be easily resolved, there is no reason not to try. 

But before you even do that, make sure to check the terms of the lease agreement to confirm the date that rent is officially due, and any other terms detailing late payment procedures, such as a late fee. Additionally, if the tenant truly cannot pay rent, it may sometimes be preferable from a business standpoint to find a suitable replacement rather than go through eviction. 

Begin Eviction

If these tactics are not feasible or do not succeed, it is time to start the eviction process. There are specific procedural steps you as the landlord must take, and it is important to follow them or risk exposing yourself to a lawsuit or losing out in the eviction. This will begin when you send the tenant a Notice to Vacate three days after nonpayment of rent, unless the lease agreement specifies another time period. Texas law lays out specific requirements for the acceptable methods for sending the notice. The tenant will then have a certain period to comply, after which you may initiate an eviction proceeding in court if they do not. 

Call a Hill County, TX Real Estate Attorney

If you have a tenant who is not paying rent, you need to take action to protect your income and your property rights. This does not mean taking the law into your own hands but rather seeking experienced Hood County, TX real estate representation at Cain & Kiel Law to negotiate a solution and advise you on how to lawfully evict your tenant in a way that safeguards your best interests. Call us at 817-645-1717 to set up a consultation.