Land seller resources

What happens when you don't pay property taxes on land in Texas?

In Texas, property taxes are delinquent if not paid before February 1 of the following year. Penalty and interest are added, and a taxing unit may then sue and seek a sale. After a sale, owners may redeem within 180 days, or two years for qualifying homesteads, agricultural land and mineral interests.

When do Texas property taxes become delinquent, and what gets added?

Taxes are generally delinquent if not paid before February 1 of the year after they were imposed. Tax Code section 31.02(a) says taxes are due on receipt of the bill and delinquent if not paid before February 1 of the following year. The Texas Comptroller adds that if a bill is mailed after January 10, the delinquency date moves to the first day of a month that gives at least 21 days to pay.

Once a tax is delinquent, section 33.01 adds a penalty and interest:

The Comptroller also notes that attorneys hired to collect delinquent accounts can add a penalty of up to 20 percent, and that a tax lien attaches to the property on January 1 each year. Delinquency is not an auction date. It means a taxing unit may sue.

How does a delinquent tax become a lawsuit and a sale?

A taxing unit may sue to foreclose its tax lien, and if it wins, the property can be ordered sold by an officer. The main steps and their statutes:

StageWhat the statute providesTax Code
DelinquencyUnpaid before February 1 of the following year31.02
Penalty and interestAccrue while the tax is unpaid, including after judgment33.01
SuitA taxing unit may sue at any time after the tax is delinquent, in a court in the county where the tax was imposed33.41
Other taxing unitsA unit foreclosing a real property lien must join other units with delinquent-tax claims on the same property33.44
Order of saleProperty ordered sold under foreclosure is sold by the officer charged with selling it34.01
RedemptionOwner's right to buy the property back after the sale34.21

Section 33.41(a) sets no waiting period between delinquency and suit. How soon a unit sues is a question for that unit and its attorney.

What the sale involves (section 34.01):

How long do you have to redeem after a tax sale?

Section 34.21 gives two years for qualifying property and 180 days for everything else, counted from when the deed is filed for record. This matches the summary on our back taxes guide.

Redemption does not give you the right to use or possess the property or collect rents while it lasts (section 34.21(h)). It also cannot be transferred. Section 34.21(l) says any instrument purporting to transfer it is void. A buyer cannot simply purchase your right to redeem.

Can I sell my land before the tax sale?

Yes. An ordinary sale before the tax sale is separate from redemption. You sell to a buyer, and the delinquent taxes are paid from the proceeds at closing. After a tax sale, you are no longer selling. You are redeeming, under the rules above.

See how long it takes to close on land. Nobody can promise a closing date.

If you already have a suit or sale date, call a Texas attorney now

Do not wait for an offer to solve it. Once a suit is filed or a sale is scheduled, deadlines are running.

Bring your deed, tax statements and every court paper.

Outside Texas, verify rather than transplant the rule

Tax collection rules differ by state, and often by county. Do not apply Texas dates, penalties or redemption periods to land elsewhere. Look up these points for the property's state:

The state's property tax code, the county tax office and a local attorney are the places to confirm each point. See the state pages for where StraightAcre reviews land.

What to ask the title company or an attorney

What a buyer (including StraightAcre) will want to see

StraightAcre's free parcel review is a preliminary public-record summary. It is not an appraisal, survey, title opinion or approval to build. Closings run through a licensed title or escrow company in the property's state.

This guide is general education, not legal or tax advice. Confirm your situation with a Texas attorney.

Sources and further reading

Related guides

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