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When can a landlord charge a late fee for rent in Texas, and how much?

Short answer

Late fees: only if notice is in the written lease and rent is unpaid two full days after the due date; reasonable if at most 12% (4 or fewer units) or 10% (more than 4)

When: A late fee may be charged only after rent has remained unpaid two full days after the due date

A late fee is allowed only if it is in the written lease, it is reasonable, and rent has remained unpaid two full days after the due date. A fee is treated as reasonable if it is no more than 12% of the month's rent for a building with four or fewer units, or 10% for a building with more than four units (or more if it reflects actual damages).

"any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due."
tcss.legis.texas.gov
"12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or"
tcss.legis.texas.gov
"10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or"
tcss.legis.texas.gov

Source: tcss.legis.texas.gov · Last verified 2026-10-24 · Confidence: high · Full rule details

Texas rules on this topic

Late fees: only if notice is in the written lease and rent is unpaid two full days after the due date; reasonable if at most 12% (4 or fewer units) or 10% (more than 4) Verified

Deadline: A late fee may be charged only after rent has remained unpaid two full days after the due date

A late fee is allowed only if it is in the written lease, it is reasonable, and rent has remained unpaid two full days after the due date. A fee is treated as reasonable if it is no more than 12% of the month's rent for a building with four or fewer units, or 10% for a building with more than four units (or more if it reflects actual damages).

Applies to: any number of units · Layer: Texas · Topic: Late fees and grace periods

"any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due."
tcss.legis.texas.gov
"12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or"
tcss.legis.texas.gov
"10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or"
tcss.legis.texas.gov

Notes: Tex. Prop. Code 92.019(a), (a-1).

Last verified 2026-10-24 · Confidence: high · Status: verified · Report a correction

Same topic in other places

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