Texas rent late fee law & calculator
Under Tex. Prop. Code §92.019: Safe harbor: 12% of monthly rent (≤4 units) or 10% (larger). Grace period: 2 full days.
Late fee due
$75.00
Paid 9 days late; grace ends 2 days after due
Texas maximum for this rent
$180.00
12% safe harbor applies to properties with 4 or fewer units; 10% for larger properties — assuming the full month's rent is unpaid
A late fee is only collectible if your lease authorizes it. General information, not legal advice.
What Tex. Prop. Code §92.019 requires
- Maximum fee: Safe harbor: 12% of monthly rent (≤4 units) or 10% (larger)
- Grace period: 2 full days
- Lease requirement: the fee must be authorized in the written rental agreement — an unauthorized fee is uncollectible.
- No fee until rent has gone unpaid for at least 2 full days after the due date, and the fee must be in a written lease
- A fee is presumed reasonable at up to 12% of monthly rent for a dwelling with 4 or fewer units, 10% for larger properties; an initial fee plus daily fees is allowed within a reasonable total
- Charging an illegal late fee exposes the landlord to $100 plus three times the improper amount plus attorney's fees
Rules as of August 2026. Statutes change — verify with the current text of Tex. Prop. Code §92.019 before relying on a number, and check city and county ordinances, which can be stricter. This is general information, not legal advice; consult a Texas attorney for your situation.
Not in Texas? Every state's late-fee rules → Also for Texas landlords: the security-deposit return deadline →
Frequently asked questions
What late fee is legal in Texas?
Texas Property Code §92.019 requires the fee to be in the written lease and bars charging it until rent is at least two full days late. The statute presumes a fee reasonable at up to 12% of monthly rent for properties with four or fewer units (10% for larger ones) — that can be one flat fee or an initial fee plus daily fees within the total. Overcharging costs the landlord $100 + 3× the improper fee + attorney's fees.
Late fees that apply themselves
Set the rule once — LetsGoLandlord applies fees on schedule, on their own ledger line. Free for 14 days.