Late fees / Texas

Texas late rent fee: the legal maximum

Texas caps late fees at 12% of the monthly rent. Rent must be at least 2 days late before any fee may be charged.

Cap
12% of monthly rent
Set by statute
Grace period
2 days
No fee until rent is this late
Statute
$
Count from the day after rent was due.

Texas late fee law in full

Maximum late fee at common rents

Applying 12% of monthly rent once the 2-day grace period has passed.

Monthly rentMaximum fee
$1,000.00$120.00
$1,500.00$180.00
$2,000.00$240.00
$3,000.00$360.00

What the statute says

Tex. Prop. Code § 92.019

Late fee must be in the written lease, be reasonable, and may be charged only after any portion of rent has remained unpaid two full days after the due date. A fee is presumed reasonable if it does not exceed 12% of the rent for the period in a structure with 4 or fewer units, or 10% in a structure with more than 4 units; it may combine an initial fee and a daily fee. Violation: $100 plus three times the improper fee plus attorney fees.

How this applies in practice

Related Texas rules

Frequently asked questions

What is the maximum late fee for rent in Texas?

12% of monthly rent. Late fee must be in the written lease, be reasonable, and may be charged only after any portion of rent has remained unpaid two full days after the due date. A fee is presumed reasonable if it does not exceed 12% of the rent for the period in a structure with 4 or fewer units, or 10% in a structure with more than 4 units; it may combine an initial fee and a daily fee. Violation: $100 plus three times the improper fee plus attorney fees.

Is there a grace period for rent in Texas?

Yes. State law requires rent to be 2 days late before a late fee can be charged, regardless of what the lease says.

Can a Texas landlord charge a daily late fee?

Only if the total stays within the statutory cap (12% of monthly rent). A daily fee that accumulates past the cap is unenforceable above it.

Can a landlord charge a late fee that is not in the lease in Texas?

No. A late fee is a contract term. If the lease does not provide for one, the landlord cannot impose it, and in Texas the statutory cap applies on top of whatever the lease says.

Late fee rules in other states