Texas rent late fee law
What your landlord is allowed to charge when rent is late, how soon they can charge it, and what to do about a fee the law doesn't allow.
Maximum late fee
12% / 10% safe harbor
Grace period
2 full days
The cap
Under Tex. Prop. Code § 92.019, Texas requires every rental late fee to be reasonable. The statute gives landlords a safe harbor: a fee is considered reasonable if it is no more than 12% of the monthly rent in a building with four or fewer units, or 10% in a larger building. A landlord may only exceed those percentages if the fee reflects actual damages from the late payment. An initial fee plus daily fees are allowed, but together they count as a single late fee subject to the same limits.
When the fee can start
A late fee may not be charged unless some portion of the rent has remained unpaid for two full days after the date it was originally due. The fee must be disclosed in a written lease — no lease clause, no late fee. Lease provisions that try to waive these protections are void.
If you've been charged an illegal fee
A landlord who violates the late-fee statute owes the tenant $100, plus three times the amount of the illegally collected fee, plus the tenant's reasonable attorney's fees. Tenants can also request a written statement of late fees owed under § 92.0191.
Recent changes
The safe-harbor percentages and treble-damages remedy date to 2019 and are unchanged through the 2025 legislative session.
Charged a fee the law doesn't allow?
Answer a few questions and get a formal demand letter citing Tex. Prop. Code § 92.019 and exactly which rule your landlord broke — free to generate and download. We can also send it by USPS Certified Mail for you, with the delivery record that holds up in court.
Dispute my late feeDid your landlord also keep your security deposit?
Texas landlords have 30 daysto return your deposit after you move out — and real penalties apply when they don't. Generate a formal demand letter citing Tex. Prop. Code § 92.103, and we can send it certified mail for you.
Demand my deposit backCommon questions
- Is there a limit on late fees for rent in Texas?
- Yes. Under Tex. Prop. Code § 92.019, Texas requires every rental late fee to be reasonable. The statute gives landlords a safe harbor: a fee is considered reasonable if it is no more than 12% of the monthly rent in a building with four or fewer units, or 10% in a larger building. A landlord may only exceed those percentages if the fee reflects actual damages from the late payment. An initial fee plus daily fees are allowed, but together they count as a single late fee subject to the same limits.
- Can my landlord charge a late fee the day rent is due in Texas?
- No. A late fee may not be charged unless some portion of the rent has remained unpaid for two full days after the date it was originally due.
- What can I do if my landlord charged an illegal late fee in Texas?
- A landlord who violates the late-fee statute owes the tenant $100, plus three times the amount of the illegally collected fee, plus the tenant's reasonable attorney's fees. Tenants can also request a written statement of late fees owed under § 92.0191.
Statute text verified against the published source on August 6, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.