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Paying Rent Late

A recent article by the  Austin Tenant's Council offers some information on late payments of rent.   Here are some of the main points they cover in the article.  Or you can read it in full here.

The landlord has the option to follow legal means for eviction for nonpayment of rent or late payment of rent if not paid on or before the due date. Though it may be difficult for the landlord to evict a tenant for paying rent on the second day of the month, the best policy for a tenant is to be in the habit of paying rent by the date due.

If the rent is going to be late, the tenant should contact the landlord and attempt to reach an agreement with the landlord to get the rent current. It is best for the tenant to get a clear agreement in writing that the landlord will accept the late rent on a certain date and, in exchange, will allow the tenant to continue under the original lease agreement. This is a protection for the tenant because if rent is paid late and accepted, the landlord can still proceed with the eviction process for breach of lease due to late payment of rent. There is no requirement that a landlord give a tenant a grace period to pay delinquent rent.

If the landlord accepts late rent before giving the tenant written notice to vacate for failing to pay rent on time, the landlord gives up the right to evict for late payment of rent.

The landlord may be prevented from evicting a tenant if a pattern is established of accepting late payments from the tenant. The tenant’s proof would be the dated rent receipts. For the landlord to require the tenant to begin paying on the due date, the landlord should clearly inform the tenant that the landlord will not accept future late payments. Thereafter, if rent is paid late, the landlord could follow the eviction process for breach of lease due to late payment of rent. The exception to this would be if there is a “no waiver” clause in the lease agreement which would explain that the landlord can accept rent after due date. But in accepting it, the landlord would not waive his right to evict for breach of lease for late payment of rent even though the tenant may have had a pattern of paying late rent.

Posted in Austin, Austin Neighborhoods, Rent Smart
 
 

12 Responses to Paying Rent Late

  1. It is in point of fact a nice and useful piece of information. I’m happy that you shared this helpful info with us. Please keep us up to date like this. Thank you for sharing.

  2. It’s really a nice and helpful piece of information. I am happy that you just shared this helpful info with us. Please keep us informed like this. Thanks for sharing.

  3. Dale Addink says:

    This quote from your page and others.
    “If the landlord accepts late rent before giving the tenant written notice to vacate for failing to pay rent on time, the landlord gives up the right to evict for late payment of rent”
    is very pertinent to my current situation.

    I have been searching case law of Texas but have not found the clear reference. I assume it amounts to accepting payment, is the same as stating the contract has been fulfilled.

    Would you happen to have a starting point into case law about this reference? I payed had delivered on the first business day Jan 3rd, he sends letter on the 11th stating I am in contract default because rent was due “On due date” no on and before, his office was closed 31,1st and 2nd.

    Thanks
    Dale Addink
    CEO
    HiTech Creations.

    P.S. I already have my attorney on the case, I’m just curious for my own satisfaction.

    • Chip Parker says:

      Hi Dale,

      If you are a current resident of Austin, I would recommend you speak to someone at the Austin Tenant’s Council. They can help you on a case-by-case basis and may be able give you more detailed information about your specific situation. There is additional information about this provided in an article of theirs – http://housing-rights.org/pay_rent.html. The ATC provides counseling at 474-1961.

      Thanks!
      Chip Parker

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