Beginning January 1, 2026, there are new rules for evicting tenants who are late in paying rent or have failed to pay their rent. Property Code Section 24.005 requires a landlord to provide a notice to pay rent or vacate to a tenant who has breached a lease “based solely on nonpayment of rent and who was not late or delinquent in paying rent to the landlord before the month in which the notice is given.” The Notice to Pay Rent or Vacate (TXR 2232) gives the tenant the opportunity to pay the late or delinquent amount. If the tenant does not cure the breach as outlined in the notice to pay rent or vacate, the tenant must vacate the premises to avoid an eviction.

A notice such as the Notice to Pay Rent or Vacate (TXR 2232) is required if the tenant’s only default is the late payment or nonpayment of rent and the tenant has not previously been late or delinquent in paying rent. Note that the courts have implemented this requirement differently. Some courts have interpreted Property Code Section 24.005 to require a notice to pay rent or vacate for the tenant’s first late or delinquent rent payment during the lease term. Other courts interpret the statute as requiring the notice to pay rent or vacate any time the tenant is late or delinquent paying rent unless the tenant was also late or delinquent the month immediately preceding the month in which the notice is given. Therefore, whether a notice such as the Notice to Pay Rent or Vacate (TXR 2232) is required may depend on the precinct in which an eviction would be filed. If the landlord is unsure about how Section 24.005 is interpreted in the applicable precinct, the safer option is to send the Notice to Pay Rent or Vacate (TXR 2232). This gives the tenant the opportunity to pay the late or delinquent amount. If the tenant does not cure the breach as required by the notice, the tenant must vacate the premises to avoid an eviction.

Yes, if you plan to file for eviction after January 1, 2026, you are subject to the new requirement in Property Code Section 24.005 that the landlord provide a notice to pay rent or vacate when the eviction is based solely on nonpayment of rent and the tenant “was not late or delinquent in paying rent to the landlord before the month in which the notice is given.”

No. The Notice to Pay Rent or Vacate (TXR 2232) will serve the same purpose as a Notice to Vacate if a tenant does not cure the breach as stated in the form.

If the subsequent delinquency occurs later during the lease term, whether the landlord may use the Notice to Vacate (TXR 2208) or must again provide the Notice to Pay Rent or Vacate (TXR 2232) may depend on the precinct in which the eviction will be filed. This is because courts may interpret the statute differently. Some courts only require the notice to pay rent or vacate for the tenant’s first late or delinquent payment during the lease term, in which case if the tenant is delinquent again during the lease term, the landlord may use the Notice to Vacate (TXR 2208) . Other courts interpret the statute as requiring a notice to pay rent or vacate any time a tenant is late or delinquent paying rent unless the tenant was also late or delinquent in the immediately preceding month. Under this interpretation, the landlord must provide another Notice to Pay Rent or Vacate (TXR 2232) unless the tenant was also delinquent the month before.