Texas · Late fees

Texas late fee law

Texas landlords must wait 2 days after rent is due before charging a late fee, and state law caps the amount.

The rule

Grace period
2 days
Cap
12% of monthly rent (structures with 4 or fewer units) / 10% (more than 4 units), or a higher amount that does not exceed the landlord’s uncertain damages
Grace period
No fee until rent remains unpaid two full days after the due date, and the fee must be disclosed in a written lease.
Limits on the fee
An initial fee plus daily fees count together as a single late fee.

Law: Tex. Prop. Code § 92.019

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.