Texas Late Rent Fee Law
Statute text last checked: October 23, 2026
Limit
10% (5+ units) or 12% (4 or fewer units) of monthly rent is presumed reasonable
When a fee can start
Rent unpaid 2 full days after due date
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Check your Texas lease →The rule (Tex. Prop. Code § 92.019)
A Texas landlord may charge a late fee only if notice of the fee is in a written lease, the fee is reasonable, and rent has remained unpaid two full days after it was due.
Details
- A fee is considered reasonable if it is no more than 12% of the rent for a dwelling in a structure with 4 or fewer units, or 10% for a structure with more than 4 units. A higher fee is reasonable only if it does not exceed the landlord's uncertain damages related to the late payment.
- A late fee may combine an initial fee and a daily fee; the combined amount counts as a single late fee.
- A lease clause that waives these rights is void (§ 92.019(d)).
- A tenant may ask for a written statement of whether a late fee is owed and how much (§ 92.0191).
If the landlord doesn't follow the law
A landlord who violates § 92.019 is liable for $100, three times the late fee collected in violation, and the tenant's reasonable attorney's fees.
Frequently asked questions
How much can a Texas landlord charge for late rent?
A fee up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units) is considered reasonable under § 92.019. Notice of the fee must be in a written lease.
When can a Texas landlord charge a late fee?
Only after any portion of rent has remained unpaid two full days after the original due date.
Sources
- Tex. Prop. Code §§ 92.019, 92.0191 (official text)
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