How much can a landlord charge for a late rent fee in Texas?

In Texas, a late fee is presumed reasonable if it is no more than 12% of the monthly rent in a building of four or fewer units, or 10% in a building of more than four; a larger fee is lawful only if it does not exceed the landlord’s uncertain damages from the late payment. A landlord may not charge a late fee unless some of the rent has remained unpaid for two full days after it was due. The percentages cover any initial charge and any daily charge combined. This is Tex. Prop. Code § 92.019.

WhatTexas
Maximum late fee12% (four units or fewer) or 10% (more than four)
No late fee before2 days

Notes

The percentages cover any initial charge and any daily charge combined.

Source

Tex. Prop. Code § 92.019

Read the statute in the Texas Statutes (Texas Legislature): statutes.capitol.texas.gov.

Checked against the statute on September 11, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Guides on this rule

Compare this rule in every state

More Texas rules

The same question in other states

Related