Texas Past-Due Rent Payment Plan Agreement
A past-due rent payment plan agreement puts a catch-up schedule in writing: how much is owed and exactly when each instalment will be paid. Done carefully, it replaces an argument about what was promised with a signed record both sides can follow.
What it is
A payment plan agreement is a written, signed agreement between landlord and tenant that states the total past-due balance and a schedule for paying it, usually alongside ongoing rent. It documents a workout — it is not a court order, and its effect on any notice already served is a question to get advice on before signing.
When to use it
- Rent is past due and both sides agree the tenant can realistically catch up on a schedule
- A landlord is considering accepting partial payment and wants the terms documented first
- Before a missed payment turns a verbal promise into a dispute about what was agreed
What to include — checklist
Print this page to use the checklist on paper.
- Landlord and tenant names exactly as they appear in the lease
- Property address, including unit number
- Total past-due amount, broken down by rental period
- Any late fee shown separately, and only as the written lease allows
- Instalment amounts and exact due dates, and how each payment must be made
- How payments will be applied (for example, to the oldest balance first) — stated expressly
- What happens if an instalment is missed, stated in plain language
- An express statement of what the parties intend the plan to do about any notice already served — do not leave this silent; get advice first
- Signatures and dates for landlord and every tenant on the lease, with a copy for each signer
Texas-specific requirements
- Texas Property Code §92.019: a landlord may not collect a late fee unless it is in a written lease and is reasonable, and rent must have remained unpaid at least two full days after the due date. A plan should not add fees the lease does not contain; a fee is presumed reasonable up to 12% of the period's rent (4 or fewer units) or 10% (more than 4 units).
- Texas Property Code §24.005: at least 3 days' written notice to vacate is required before filing a forcible detainer suit, unless a written lease or agreement sets a shorter or longer period.
- Warning on pending notices: accepting partial payment or signing a written plan while a notice to vacate is pending can raise questions about how the plan and the notice interact. This page states no invented rule on that point — document what was accepted and when, state the parties' intent expressly in the plan, and get advice from a Texas attorney before assuming a notice is paused, withdrawn or still effective.
- Keep every receipt under the plan with the signed agreement, so the balance can be proved instalment by instalment.
Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.
Common mistakes
- Agreeing a plan verbally and accepting money with nothing signed
- Accepting a partial payment with no written record of the remaining balance
- Assuming a signed plan automatically cancels — or automatically preserves — a notice already served
- Adding late fees or charges that are not in the written lease
- Vague instalments ('pay something each Friday') with no amounts or end date
- No stated consequence for a missed instalment, so the first miss restarts the argument
Where landlords get this form
These providers publish Texas-specific landlord forms and document tools. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.
| Provider | Best described as | What to check before you buy |
|---|---|---|
| LawDepot | DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's landlord forms | Whether the Texas version is included in a free trial, subscription, or single-document price. |
| ezLandlordForms | Landlord-focused forms library built specifically around rentals, screening and state lease packages. | Whether you need a single form or its Texas state package, and what updates are included. |
| Rocket Lawyer | Document builder bundled with membership options that can include attorney Q&A services. | What the membership includes after any trial, and how cancellation works. |
| LegalZoom | Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents. | Whether the exact landlord form you need is offered for Texas, versus a business product. |
Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.
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Frequently asked questions
- Does signing a payment plan cancel a notice to vacate?
- Do not assume either way. The interaction between a written plan, partial payments and a pending notice under §24.005 depends on the documents and facts. State the parties' intent in the plan and get advice from a Texas attorney before acting on it.
- Should a landlord accept partial payment?
- If you do, document it the same day: amount, date, period applied to and balance left, with a receipt. Undocumented partial payments are a common source of balance disputes.
- What should the plan say about late fees?
- Only what the written lease already allows under §92.019. List any fee separately from rent so the balance can be checked line by line.
- What if the tenant misses an instalment?
- Follow what the signed plan says, keep the records, and get advice before serving a new notice or filing — the notice period under §24.005 and your lease still has to be satisfied.