[TX] How do I define the rental period in an eviction notice?
Hi! I have a question about the lease term dates. When our tenants moved in, they moved in on February 26 and paid the first month's rent on February 28, which we mutually agreed would be the rent payment due date. The tenant failed to pay the rent on May 28. On our eviction letter, would the rent-owed rental period be between March and May 28 or May 28 to June 28?
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Thanks — here’s how to frame this under Texas law:
- Rental period owed: Because the agreed due date is the 28th, if they missed May 28, the unpaid rental period is May 28 – June 28. The rent cycle follows the agreed due date.
- Late fees: Under Texas Property Code §92.019, late fees are enforceable if the lease sets a due date, the fee is reasonable, and rent is at least one full day late.
- In your case: Tenant was late starting May 29. You agreed by text to defer payment and accept payment June 9–11 with late fees.
- If that text agreement modified the lease, it likely waives additional late fees up through June 11 (unless you expressly reserved the right to continue charging).
- If they did not pay by June 11, late fees can resume starting June 12.
Suggested notice wording:
Rent Due: $X.00
Rental Period: May 28, 2025 – June 28, 2025
Late Fees (if applicable): $25/day beginning June 12, 2025 (if no payment made by June 11, per agreement)
Cite breach of agreement and non-payment as grounds for eviction.
Any other questions?
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Hi! I have a question about the lease term dates. When our tenants moved in, they moved in on February 26 and paid the first month's rent on February 28, which we mutually agreed would be the rent payment due date. The tenant failed to pay the rent on May 28. On our eviction letter, would the rent-owed rental period be between March and May 28 or May 28 to June 28?
Lexi, Chatbot
I understand. To clarify, did you have a written lease with a specific rent-due date and any late-fee terms?
There are specific terms regarding the rent payment due date, but not late fees.
Lexi, Chatbot
Have you previously communicated with the tenant about the missed rent and tried to resolve it?
Yes — via text message.
Lexi, Chatbot
Anything else the landlord-tenant lawyer should know before I advise?
Yes. We had agreed via text with the tenant that late fees of $25/day would occur for each day we didn't receive payment past the due date. The tenant informed us that their personal situation would cause them to be late, so we made an exception: they could pay the rent with late fees on a day of their choosing or vacate. The tenant selected June 9–11 as the payment window.
Andres Sanchez
Hi — my name is Andres Sanchez, attorney (20 years' experience). What state are you in?
I am in Texas.
Andres Sanchez
Thanks — here’s how to frame this under Texas law:
- Rental period owed: Because the agreed due date is the 28th, if they missed May 28, the unpaid rental period is May 28 – June 28. The rent cycle follows the agreed due date.
- Late fees: Under Texas Property Code §92.019, late fees are enforceable if the lease sets a due date, the fee is reasonable, and rent is at least one full day late.
- In your case: Tenant was late starting May 29. You agreed by text to defer payment and accept payment June 9–11 with late fees.
- If that text agreement modified the lease, it likely waives additional late fees up through June 11 (unless you expressly reserved the right to continue charging).
- If they did not pay by June 11, late fees can resume starting June 12.
Suggested notice wording:
Rent Due: $X.00
Rental Period: May 28, 2025 – June 28, 2025
Late Fees (if applicable): $25/day beginning June 12, 2025 (if no payment made by June 11, per agreement)
Cite breach of agreement and non-payment as grounds for eviction.
Any other questions?
So in the text, the tenant told us they'd be late for their March 28 due date. He said he would pay $1,000 rent + $350 late fees on June 9–11 (for a total of $350). Would the late fees still begin after June 11th?
Andres Sanchez
Thanks — that helps. Because the tenant acknowledged in writing they owed $1,000 rent and $350 in late fees and committed to paying June 9–11, treat that as a mutual payment agreement modifying the deadline. You can reasonably consider late fees waived through June 11 (i.e., the $350 covers late fees up to that date).
I have one more question. If we haven’t provided the written notice to vacate yet, can I provide the written notice with a backdate of June 12, or do I have to put today’s date when I post it on their door? In the same text where they agreed to pay on the 11th, we also said if they didn’t pay they’d have three days to vacate; they agreed to that too by text. We haven’t posted a written notice on their door.
Andres Sanchez
Do not backdate the notice. Under Texas law you must use the actual delivery date (the date you post it on the door, hand-deliver, or mail). Backdating can hurt your credibility in court and may be treated as fraudulent. Instead, serve the notice today, and in the body you can state the relevant facts: rent due May 28, you gave them until June 11 to pay $1,000 + $350 by agreement, they failed to pay, and as of today the rent and fees remain unpaid — you now demand possession.
One more quick question — do I have to complete an affidavit of service if I’m just going to paste the notice on their door myself?
Andres Sanchez
No.
Thanks!
Andres Sanchez
My pleasure.
Andres Sanchez
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