My question involves an eviction in the state of: Texas
Tenant sent in rent after court date was already set for eviction hearing for non payment of rent. Tenant has a long history of late payments and this was the 2 time eviction was filed. The court ruled in the landlords favor and just ordered possession of the property. No money was ordered by the court. The rent for October is in question. Tenant has to be out on October 30th but says he should be given the money back he paid for October. He paid October rent in full but there is still a balance owed for late fees and prior court cost for eviction. He occupied the property all but one day for the month of October and still owes more to the property management company. The tenant says that if we accept the rent paid in for October then he can not be evicted. The rent was received by the property management company a few days before the court hearing but has not been cashed. Does the tenant have a case to sue if the October rent is not returned?

