Accepting Partial Rent During a Texas Eviction

Short answer: Texas law doesn't require a landlord to accept a partial rent payment once a tenant is in default. If you do accept money after serving a notice to vacate or filing an eviction, the tenant may argue you waived the default and must start over — unless your lease has a non-waiver clause and you put in writing that the payment doesn't stop the eviction. When in doubt, refuse partial payments or accept them only under a signed agreement.

It's one of the most common situations Dallas-Fort Worth landlords call us about, especially near the holidays: the rent is late, you've served a notice to vacate, and the tenant shows up with half the rent and a promise to pay the rest next week. Taking the money feels reasonable — but done the wrong way, it can cost you weeks of delay and a dismissed case.

Here's how partial payments interact with the Texas eviction process under Property Code Chapter 24, and how to protect your case.

Do Texas Landlords Have to Accept Partial Rent?

No. No Texas statute requires a landlord to accept less than the full rent owed once the tenant is in default, unless your lease or a written agreement says otherwise. A few situations work differently:

• Notice to pay rent or vacate: Since the 2026 changes to Property Code §24.005 (SB 38), a tenant who was not late or delinquent before the month of the notice must receive a notice to pay rent or vacate. If the tenant pays the full amount demanded within the notice period, that notice can't be used to file the eviction. A partial payment doesn't satisfy it — but accepting one can muddy what was actually owed. See our guide to Texas notice to vacate requirements and the 2026 SB 38 changes.
• Repeat late payers: A tenant who was late or delinquent before that month may be given either a notice to pay rent or vacate or a plain notice to vacate (§24.005(a)). The notice period is three days unless the written lease sets a different period.
• Subsidized and federally backed housing: If the tenant's rent is partly paid by a housing authority (Section 8) or the property is covered by the CARES Act, additional notice rules apply — see does the CARES Act 30-day notice apply to your DFW rental.

How Accepting Partial Rent Can Waive Your Eviction

Texas courts look at whether the landlord's conduct shows an intent to give up the right to evict for that default. Taking rent after a notice to vacate — or after the eviction suit is filed — is the classic example a tenant will point to: "The landlord accepted my payment, so the default was forgiven and I'm still a tenant."

Whether that argument works depends mostly on two things:

• Your lease language. Most professionally drafted Texas leases, including the Texas Apartment Association (TAA) forms, contain a non-waiver clause stating that accepting rent or other money does not waive the landlord's right to evict or to collect what's still owed. In Shields Ltd. Partnership v. Bradberry (Tex. 2017), the Texas Supreme Court held that a landlord's acceptance of late rent, by itself, does not waive an express non-waiver clause.
• What you said and did. A non-waiver clause can itself be waived by other conduct — for example, telling the tenant "we're good now," signing a payment plan that doesn't mention the eviction, or accepting payments for months without enforcing. Your written communications matter as much as the lease.

Without a non-waiver clause, accepting a partial payment after the notice to vacate gives the tenant a much stronger defense, and a justice of the peace may require you to serve a new notice and refile — adding filing fees and weeks of lost rent.

Partial Rent at Each Stage of a DFW Eviction

After the notice to vacate, before filing

This is where most waiver problems start. If you choose to accept a partial payment, do it only with a short written agreement signed by the tenant stating the amount received, the balance still owed, that the payment does not waive the notice to vacate or the default, and that you may file the eviction if the balance isn't paid by a specific date. Otherwise, the safest path is to decline the payment until the full amount is offered.

After the eviction suit is filed

Accepting money after filing doesn't automatically end the case, but it invites a waiver defense at the hearing and can confuse the amount of rent you ask the court to award. If the tenant pays everything owed and you agree to let them stay, you can dismiss the case. If you accept less than the full amount, bring the signed non-waiver agreement and an updated rent ledger to the hearing. Our team handles eviction filing and the court process in justice courts across Dallas, Fort Worth, Arlington, Irving, Plano, Frisco, McKinney and Denton.

After the judgment for possession

Once you have a judgment, accepting rent without a clear written agreement can give the tenant an argument that you created a new tenancy or agreed to let them stay. If you want to give the tenant time to pay, put the move-out or payment deadline in writing and state that you may request the writ if it's missed. Otherwise, request the writ of possession after the appeal period ends — in Dallas County the writ fee is $405 ($400 plus a $5 fee). See our Dallas writ of possession page.

During an appeal

If the tenant appeals a nonpayment judgment, rent is paid into the justice court registry, not to you directly. Under Property Code §24.0053 the court sets the rent for each pay period during the appeal, and the tenant must pay the first period within five days after filing the appeal and then on time each period. If the tenant doesn't pay into the registry, §24.0054 requires the court to immediately issue a writ of possession without a hearing. Learn more about eviction appeals.

How to Accept a Partial Payment Safely

1. Check your lease for a non-waiver clause and any language about partial payments before you take any money.

2. Put it in writing. Use a signed partial-payment agreement that states the amount paid, the balance due, the deadline, and that the payment doesn't waive the notice, the default or the eviction.

3. Give a receipt for cash. Property Code §92.011 requires a landlord who accepts cash rent to give a written receipt and keep a record of cash payments.

4. Keep a clean ledger showing every charge and payment — it's your best evidence at the hearing.

5. Don't mix messages. Avoid texts like "thanks, you're all caught up" if the tenant isn't. Every message can become evidence.

6. When in doubt, decline. Refusing a partial payment is usually lawful in Texas and keeps your case clean. Never refuse rent as a pretext for discrimination or retaliation.

Let NTX Eviction Protect Your Case

A partial payment shouldn't reset your eviction. NTX Eviction prepares compliant eviction notices, files and presents your case in justice courts across Dallas-Fort Worth, and coordinates the writ of possession with the constable. For costs at each stage, see how much an eviction costs in Texas.

Request a consultation or call 214-206-4229 to talk through your situation with our team.

This article is for general informational purposes, not legal advice. NTX Eviction is not a law firm. Whether accepting a payment waives a default depends on your lease and the specific facts; consult a licensed Texas attorney about a specific case.