When a tenant stops paying rent, every week costs you money. You still owe the mortgage, taxes, and insurance, and the longer the rent goes unpaid, the harder it is to catch up. This guide covers what Houston landlords can do, how a Texas eviction works after the rules changed on January 1, 2026, and when selling the rental is the better move.

First, What Not to Do

Don’t change the locks, shut off utilities, or remove the tenant’s belongings on your own. Texas requires a court process to evict a tenant, and a wrongful lockout or utility cutoff can cost you penalties and legal fees. Texas law lets a landlord lock out a tenant who is behind on rent only under strict conditions, so ask an attorney before you try it.

Also avoid doing nothing. Hoping the tenant catches up next month rarely works, and it can lead to a bigger balance and a harder conversation later.

Step 1: Act in the First Week

Check the lease and your ledger. Confirm the amount owed, the due date, and what the lease says about late fees and notices.
Know the late-fee rules. In Texas, a late fee must be in the written lease, must be reasonable, and can’t be charged until the rent has been unpaid for two full days after the due date. A fee is generally treated as reasonable at or below 12% of monthly rent for a building with four or fewer units, and 10% for larger buildings. (Texas Property Code §92.019)
Contact the tenant in writing. Send a text or email as well as calling, ask what happened, and save every message. A paper trail helps whether you work something out or end up in court.

Your Four Options

1. Work Out a Written Payment Plan

If the tenant has paid on time before and has a short-term problem, a payment plan can save you months of turnover. Put it in writing with the amounts, the dates, and what happens if a payment is missed. Some tenants pay more reliably weekly than monthly.

Be careful about accepting partial payments after you’ve sent a notice to vacate. It can complicate an eviction case, so ask your attorney first.

2. Offer Cash for Keys

Sometimes the fastest fix is paying the tenant to leave by a set date. In a “cash for keys” deal, the tenant signs a move-out agreement, returns the keys, and leaves the unit in an agreed condition, and you pay an agreed amount at move-out. This can cost less than months of lost rent and eviction expenses. Have an attorney draft the agreement so both sides are protected.

3. Evict Through Justice Court

If the tenant won’t pay or leave, a court eviction is the legal path. Here is how it works for a Houston rental:

Give written notice. Texas requires at least three days’ written notice to vacate before you file, unless the lease sets a different period. For some nonpayment cases, the notice must be a “notice to pay rent or vacate,” so the type of notice matters.
Deliver it correctly. Senate Bill 38 changed how a notice can be delivered for eviction suits filed on or after January 1, 2026. Taping a notice to the outside of the door may no longer be enough, so use a current form from your attorney or a trade group such as the Texas Apartment Association.
File in justice court. File in the justice court for the precinct where the property is located. For most Houston rentals, that’s a Harris County justice court. Filing fees vary by county.
Attend the trial. A trial is generally held 10 to 21 days after you file.
Get a judgment and a writ. If you win and no one appeals, you can request a writ of possession, and a constable carries out the removal. An appeal adds time, and a tenant who appeals a nonpayment case may have to pay rent into the court registry to stay.

A few more things to know:

If your rental has a federally backed mortgage or federal housing assistance, you may owe the tenant a 30-day notice. Check before you file.
Winning the eviction gets you possession of the property. It doesn’t put back rent in your pocket. Collecting a money judgment from a tenant who didn’t pay is often difficult.
An uncontested eviction often takes several weeks from notice to removal. Contested cases and appeals take longer.

4. Sell the Rental

If this tenant is one of many frustrations with the property, selling can end the problem. You don’t have to finish an eviction first, fix the house, or find a new tenant.

How the Options Compare

Option	Typical timing	Cost and risk	Best when
Payment plan	Starts right away	Low cost, but the tenant may miss payments	The tenant has paid on time before and has a short-term problem
Cash for keys	Days to a few weeks	You pay a move-out amount	The tenant is willing to leave and eviction would cost more
Eviction	Several weeks if uncontested, longer if contested or appealed	Court fees, lost rent, and possible repairs; back rent is hard to collect	The tenant won’t pay or leave and you want to keep the property
Sell	Offer within 24 hours, closing within 7 to 30 days with FIT Acquisitions	A cash sale usually brings less than a repaired, vacant house sold through an agent	You’re done with the rental or need cash

Selling a Rental With a Tenant Who Isn’t Paying

FIT Acquisitions buys rental houses in Houston with tenants still living there. You sell as-is, with no repairs, no cleaning out, no agent commissions, and no listing fees. We send a no-obligation offer within 24 hours, and you pick a closing date within 7 to 30 days, depending on title work.

When you contact us, tell us what you know about the lease and the rent status. If the tenant has a lease, it generally stays in place after a sale, and we’ll go through the details with you and the title company.

A cash sale usually brings less than listing a repaired, vacant house with an agent. If your tenant is only a month behind and the house is in good shape, a payment plan or eviction may leave you better off. If the rental has become more trouble than it’s worth, selling directly is often the fastest way out.

How to Avoid This Next Time

Screen carefully. Verify income, check credit and eviction history, and call prior landlords.
Use a clear written lease. Include the late fee, the notice period, and how you’ll deliver notices.
Collect rent online. It’s easier to track and harder to dispute.
Act early. Follow up within days of a missed payment, not weeks.
Consider landlord insurance. Some policies include rent guarantee or eviction coverage.

Frequently Asked Questions

How long does an eviction take in Houston?

It depends on whether the tenant contests the case. After the notice period, a trial is generally held 10 to 21 days after filing, and the writ of possession and any appeal add more time. An uncontested case often takes several weeks overall.

Can I evict a tenant without a lawyer in Texas?

Many landlords file in justice court on their own. But a mistake in the notice or the paperwork can get the case dismissed and cost you more time, so consider talking to an attorney, especially under the 2026 rules.

Can I charge a late fee?

Only if the written lease provides for it, the fee is reasonable, and the rent has been unpaid for two full days after the due date.

Can I sell my rental house while the tenant is behind on rent?

Often, yes. Tell any buyer about the tenant and the status of the rent, and ask your attorney about any pending court case. FIT Acquisitions buys tenant-occupied houses.

Ready to Be Done With a Problem Rental?

If you’re tired of chasing rent, we buy houses in Houston, including rentals with tenants in place. Call or text 713-999-0124, or fill out the form below to get a no-obligation cash offer within 24 hours. Learn more about how we buy houses.

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Helpful Resources

This article is general information, not legal advice. Texas eviction rules changed for cases filed on or after January 1, 2026, and they can change again. Talk to a Texas attorney about your situation.