Did You Know?
The Texas Supreme Court recently decided that a landlord still maintains the right to evict a tenant even if that tenant paid rent late on multiple occasions without consequences. The state’s top court reversed decisions in the case tried at the justice court, county court, and court of appeals.
The tenant had argued that the landlord waived the right to evict since the landlord never assessed late fees or protested the late payment of rent, and the lower courts agreed. However, the Supreme Court disagreed, stating that “… as a matter of law, accepting late rental payments does not waive the nonwaiver provision in the underlying lease … .”