I want to avoid eviction by negotiating with my landlord

Eviction & Other Landlord Issues

If your are at risk of eviction, you can try to negotiate to avoid eviction.
Last Updated on June 9, 2023
Overview

Guide Overview

If you are in danger of eviction, you may be able to negotiate a hold off agreement. In a hold off agreement, your landlord agrees not to evict you if you fix the problem. For example, you might enter a payment plan that lets you make up missed rent. Both you and your landlord must sign the agreement.

There are two forms to choose from:

  • Nonpayment of Rent: Use this form if your threatened eviction is for nonpayment of rent. You will need to work out how much rent you owe and a timeline for paying it off.
  • Alleged Lease Violation: Use this form if the threatened eviction is for an alleged lease violation other than not paying rent. You will need to work out an agreement with your landlord to correct the alleged violation.

Common questions about Eviction & Other Landlord Issues

While not every landlord is willing to negotiate, many are open to working with tenants. Evicting and replacing a tenant costs money and can be stressful. Landlords often prefer to keep a tenant if it's reasonable to do so.

Have a plan prepared when you talk to your landlord or property manager. Make sure the plan fixes the problem, but also that it's something you can fulfill. For example, don't propose payments that you aren't sure you can pay.

Also, be careful that you do not create more liability for yourself. Be cautious about agreements that could impose additional costs, fees, or other penalties beyond those in your lease.

Any agreement should consider fees and charges. These are in addition to rent you owe. Understand where any fees are coming from and whether you risk incurring more in the future. The landlord may be willing to waive some or all fees as part of the negotiation.

A notice to vacate is a document your landlord must give you before they file in court to evict you. Texas law says that the landlord must give you at least three days notice before filing for eviction unless the lease says otherwise. Many leases only require one day notice.

Some government programs and local rules require longer notice.

Yes. If you are at risk of eviction, you do not have to wait to resolve the problem. You can try to work something out with your landlord as soon as the issue arises. Be sure to get any agreement you reach in writing.

If the court sends you notice of an eviction hearing, it is very important that you attend. If a landlord wants to drop an eviction case, they must tell the court. If they fail to tell the court, the case will go forward even if you have signed a hold off agreement. If you miss your hearing, you can be evicted whether or not you have a hold off agreement.

Unless you know for sure that the eviction hearing is canceled, file an Answer and attach a copy of the signed hold off agreement. This will let the court know the agreement exists. Bring a copy with you to court as well--or if your hearing is online, have an electronic copy on hand that you can send if needed.

Do not just take your landlord's word that the eviction hearing is canceled. Get confirmation from the court.

Instructions & Forms

Use this form if your landlord agrees to let you make up unpaid rent with an installment plan.

Checklist Steps

Fill in your name, address, and the total amount owed. Include both missed rent and fees. Enter the date the landlord gave you notice of this amount.

Enter the total amount you plan to repay. This may be the full amount you owe or some other amount you agreed on.

In the chart's "Future Date" column, list the dates on which you will make payments. List the amount of each planned payment in the "Amount Paid" column.

You and your landlord should both sign and date the bottom.

Make a copy of the signed agreement. You and your landlord should both have a copy.

Note each payment you make in the "Date Paid" column. Have the person to whom you make the payments in the "Received By" column.

If you have a hearing date, be sure to attend unless the court sends you notice that it the hearing canceled. If you do need to attend court, be sure to file an Answer and attach a copy of your signed hold off agreement. Also have a copy on hand during the hearing so that you can show it to the judge if necessary.

Forms Required

Use this form if your landlord agrees to let you fix a lease violation to avoid an eviction.

Checklist Steps

Fill in your name, address, and describe the alleged lease violation. You may be able to use the language in the violation notice from your landlord if you agree with their description. You are not admitting to any violation by filling in this section.

Include the date that the landlord gave you notice of the violation.

Describe what you have agreed to do to resolve the alleged lease violation. Be specific. Do not make a plan that you will not be able to fulfill.

You and your landlord should both sign and date the bottom.

Make a copy of the signed agreement. You and your landlord should both have a copy.

If you have a hearing date, be sure to attend unless the court sends you notice that it the hearing canceled. If you do need to attend court, be sure to file an Answer and attach a copy of your signed hold off agreement. Also have a copy on hand during the hearing so that you can show it to the judge if necessary.

Forms Required

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