[TX] [TX] What should I put as a the rent-owed rental period on the eviction notice?
When our tenants moved into the property they moved in on the 26th of February and paid the first month’s rent on February 28th, which we mutually agreed would be the rental payment due date. The tenant failed to pay the rent on May 28th. On our eviction letter would the rent-owed rental period be between March and May 28th or May 28th to June 28th?
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Here’s how you’d frame the rental period and late fees in your eviction notice under Texas law:
Rental Period Owed:
Since the agreed rent-due date is the 28th of each month, and the tenant failed to pay rent due on May 28, the unpaid rental period is May 28 to June 28.
Late Fees:
Based on Texas Property Code § 92.019, late fees are enforceable if the due date is clear.
The tenant was late starting May 29.
You agreed via text to defer rent with late fees included — so you may not be able to enforce late fees for May 29–June 11 unless you reserved that right.
If they didn’t pay by June 11, late fees resume June 12.
What to Put in the Eviction Notice:
- Rent Due: $X
- Rental Period: May 28 – June 28
- Late Fees: $25/day beginning June 12, if no payment was made by June 11.
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Hi! I have a question about the lease term dates. When our tenants moved into the property they moved in on the 26th of February and paid the first month’s rent on February 28th, which we mutually agreed would be the rental payment due date. The tenant failed to pay the rent on May 28th. On our eviction letter would the rent-owed rental period be between March and May 28th or May 28th to June 28th?
Lexi, Chatbot
I understand the situation regarding the rent payment issue. To clarify, did you have a written lease agreement with specific terms regarding the rental payment due date and any late fees?
There are specific terms regarding the rental payment due date, but not late fees.
Lexi, Chatbot
Have you previously communicated with the tenant about the missed rent payment and attempted to resolve the issue before considering eviction?
Yes, we have via text message.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your rental payment issue.
Yes. We had agreed via text with the tenant that late fees of $25 per day would occur for each day we didn’t receive payment past the due date. In this case, our tenant notified us via text that their personal situation would give them trouble paying the rent on time. So we made an exception with them to pay the rent with late fees upon the day of their choosing and we would accept this payment for rent or they would vacate. The due dates the tenant selected were June 9th–June 11th.
Andres Sanchez
Hello, my name is Andres Sanchez and I am an attorney with 20 years of experience. Could you tell me what state you are in?
Texas.
Andres Sanchez
Here’s how you’d frame the rental period and late fees in your eviction notice under Texas law:
Rental Period Owed:
Since the agreed rent-due date is the 28th of each month, and the tenant failed to pay rent due on May 28, the unpaid rental period is May 28 to June 28.
Late Fees:
Based on Texas Property Code § 92.019, late fees are enforceable if the due date is clear.
The tenant was late starting May 29.
You agreed via text to defer rent with late fees included — so you may not be able to enforce late fees for May 29–June 11 unless you reserved that right.
If they didn’t pay by June 11, late fees resume June 12.
What to Put in the Eviction Notice:
- Rent Due: $X
- Rental Period: May 28 – June 28
- Late Fees: $25/day beginning June 12, if no payment was made by June 11.
So in the text the tenant sent us notifying us that he would be late for his March 28th due date, he said that he would pay the rent $1,000 plus late fees $350 on June 9th–11th for a total of $350. Would the late fees still begin after June 11th?
Andres Sanchez
Yes — if the tenant fails to pay by June 11, you are within your rights to begin assessing additional late fees starting June 12, since:
- The tenant selected June 9–11
- You reasonably relied on that date
- The $350 covered late fees only up through that date
If no payment was made by June 12, you can:
- Assess new late fees at $25/day starting June 12
- Serve a 3-day notice to vacate for nonpayment and breach of the agreement
Awesome thank you! I have one more question. If we haven’t provided them the written notice to vacate yet, can I provide the written notice with a backdate of June 12th? Or would I have to put today’s date the notice was pasted on their door?
In the same text where they agreed to pay on the 11th, we also stated that if they didn’t pay they would have three days to vacate the premises which they agreed to as well. This was through text and we haven’t provided a written notice on their door to vacate.
Andres Sanchez
Great question — do NOT backdate the notice.
Texas law requires that the notice show the actual date it is delivered.
Backdating can:
- Get your eviction thrown out
- Be considered misleading
- Damage your credibility in court
You can still reference the prior text agreement in the body of the notice, but the notice date must be the real date it is delivered.
Okay this works thank you!
Andres Sanchez
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