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Texas late fee law

Read from the statute itself on 2026-11-09. Statewide rule; a city or county can add its own.

Statutory cap
Depends — see the rule
Grace period
2 days after the due date

The fee must be in a written lease and reasonable, and only once rent is unpaid two full days after the due date. Safe harbor: 12% of the rent in a building of 4 units or fewer, 10% in larger ones; more only if within the landlord's uncertain damages. Initial and daily fees count as one fee.

Source: Tex. Prop. Code § 92.019 · read on 2026-11-09

Calculate it for your rent

The rule depends on your situation
The fee must be in a written lease and reasonable, and only once rent is unpaid two full days after the due date. Safe harbor: 12% of the rent in a building of 4 units or fewer, 10% in larger ones; more only if within the landlord's uncertain damages. Initial and daily fees count as one fee.
Grace period
2 days
Statutory cap
Depends — see the rule
Source: Tex. Prop. Code § 92.019 · read on 2026-11-09

Texas: common questions

What is the maximum late fee in Texas?

The fee must be in a written lease and reasonable, and only once rent is unpaid two full days after the due date. Safe harbor: 12% of the rent in a building of 4 units or fewer, 10% in larger ones; more only if within the landlord's uncertain damages. Initial and daily fees count as one fee.

Not legal advice. Confirm with a local landlord-tenant attorney before relying on a figure.

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