Texas · Late fees · Last updated November 15, 2026
Texas late fee rules for rent
In Texas, a landlord can’t charge a late fee until rent has gone unpaid for two full days after its due date, and the fee has to be written in the lease and reasonable. A fee counts as reasonable at 12% of the month’s rent or less in a building with four or fewer units, or 10% or less in a larger building (Tex. Prop. Code § 92.019).
Quick facts
| Grace period | Two full days after the due date |
|---|---|
| Fee that counts as reasonable, 1 to 4 units | 12% of the rent for the rental period, or less |
| Fee that counts as reasonable, 5 or more units | 10% of the rent for the rental period, or less |
| Daily fees | Allowed, but the initial fee and the daily fees add up to one late fee |
| Must be in writing | Yes, in a written lease |
| Penalty for breaking the rule | $100, plus three times the late fee collected, plus the tenant’s attorney’s fees |
| Statute | Tex. Prop. Code §§ 92.019, 92.0191 |
Texas late fee calculator
Enter the monthly rent to see the number.
A fee above this line is still allowed if it is no more than your uncertain damages from the late payment, such as collection costs and overhead, but you would have to show that. The date counts two full days after the due date: rent due on the 1st can carry a fee starting on the 4th.
When a Texas late fee is allowed
Section 92.019 sets three conditions, and a late fee needs all three.
- Written lease
- Notice of the fee is in a written lease. Tex. Prop. Code § 92.019(a)(1)
- Reasonable
- The fee is reasonable. The statute gives two ways to meet this; see the next section. Tex. Prop. Code § 92.019(a)(2)
- Two full days
- Some part of the rent has stayed unpaid two full days after the date it was originally due. With rent due on the 1st, the 2nd and 3rd are the two full days, so a fee can start on the 4th. Tex. Prop. Code § 92.019(a)(3)
How much: the 12% and 10% lines
Texas has no flat dollar cap. A late fee is considered reasonable if it is not more than 12% of the rent for the rental period in a structure with not more than four dwelling units, or 10% in a structure with more than four.
On $1,500 rent, that is $180 in a house, duplex or fourplex and $150 in a larger building. On $2,000 rent it is $240 or $200.
A fee above the percentage is also reasonable if it is not more than the landlord’s uncertain damages from the late payment, including direct or indirect expenses, costs and overhead tied to collecting late rent. Staying at or under the percentage means you don’t have to prove those damages.
- Four or fewer units
- 12% of the rent for the rental period. Tex. Prop. Code § 92.019(a-1)(1)(A)
- More than four units
- 10% of the rent for the rental period. Tex. Prop. Code § 92.019(a-1)(1)(B)
- Higher fee
- Allowed when it is not more than uncertain damages related to the late payment. Tex. Prop. Code § 92.019(a-1)(2)
Initial fees and daily fees count together
A Texas late fee can have an initial fee and a daily fee for each day any rent stays unpaid. The statute treats the combined fees as a single late fee, so the 12% or 10% line applies to the total for the month, not to each piece.
Example: a fourplex unit at $1,500 with a $75 initial fee and $15 a day reaches the $180 line after seven days of daily fees.
- Combined fees
- An initial fee plus daily fees are one late fee. Tex. Prop. Code § 92.019(b)
What it costs to get it wrong
The tenant’s rights under this section can’t be signed away in the lease, and paying the fee doesn’t give them up.
- Penalty
- $100, three times the late fee collected in violation, and the tenant’s reasonable attorney’s fees. Tex. Prop. Code § 92.019(c)
- No waiver
- A lease clause that waives this section is void. Tex. Prop. Code § 92.019(d), (e)
- Statement of late fees
- If a tenant asks, give a written statement of the late fees they owe. Not answering doesn’t erase the fees the tenant owes. Tex. Prop. Code § 92.0191
If the rent still isn’t paid
A late fee and an eviction notice are separate steps. Before filing an eviction suit, a Texas landlord gives at least three days’ written notice to vacate, unless a written lease sets a shorter or longer period.
Since January 1, 2026, when nonpayment is the sole ground and the tenant was not late before the month of the notice, the notice has to be in the form of a notice to pay rent or vacate.
- Notice before an eviction suit
- At least three days’ written notice, unless the written lease says otherwise. Tex. Prop. Code § 24.005(a)
Rentals this page doesn’t cover
Manufactured home lot leases follow Chapter 94, which lets the lease set the late charge and has no percentage line or two-day wait. Subsidized housing programs can add their own late fee rules on top of state law.
- Manufactured home lots
- Late charge as stated in the lease. Tex. Prop. Code §§ 94.053(c)(5), 94.056
Questions landlords ask
What is the maximum late fee for rent in Texas?
There’s no flat dollar cap. A late fee counts as reasonable at 12% of the month’s rent or less in a building with four or fewer units, or 10% or less in a building with more than four. A higher fee has to be justified by the landlord’s actual costs of the late payment.
How many days late before a landlord can charge a late fee in Texas?
Two full days. With rent due on the 1st, a fee can start on the 4th. The lease can give more time, but not less.
Can a Texas landlord charge a daily late fee?
Yes, if the written lease says so. The initial fee and the daily fees are added together and treated as one late fee, so the total for the month is measured against the 12% or 10% line.
Does a Texas late fee have to be in the lease?
Yes. Notice of the fee has to be in a written lease. Without that, the fee can’t be charged.
What happens if a Texas landlord charges too much?
The landlord owes the tenant $100, three times the late fee collected in violation of the statute, and the tenant’s reasonable attorney’s fees.
Free templates
- Late rent notice kit: friendly reminder, past-due notice, payment plan and delivery log.
- Rent ledger: running tenant balances and printable statements.
See who’s late, and by how much
Landlord’s Desk keeps a rent ledger for every tenant, shows who still owes and gets a late-rent reminder ready for your OK. Each property also shows your state’s deposit return deadline. No credit card needed to start. Create your account by December 1, 2026 at 11:59 PM Central and you’re a founding member: 60 days free from the day you choose a plan, then 30% off your first 12 monthly payments or your first yearly payment. Claim the offer by choosing a plan by March 1, 2027 at 11:59 PM Central.
Not legal advice. This page is general information that summarizes the laws cited as read on November 15, 2026; laws change and courts interpret them. Check the current text (Texas Property Code, Chapter 92) or talk to a local attorney before you act.