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.

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.

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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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A printable bundle of the Texas checklists and letter templates from this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return.

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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.