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Texas Late Rent Fee Law

Statute text last checked: October 23, 2026

This page summarizes Texas statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

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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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

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