Late fee rules · Texas
Texas late fee rules
A late fee must be reasonable. Texas gives a safe harbor: a fee is presumed reasonable at up to 12% of monthly rent for properties with four or fewer units, or 10% for larger properties. The lease must include the fee, and it can't be charged until rent is unpaid two full days after the due date.
What this means in practice
Put the exact fee in the lease and wait out the two full days — charging on the 2nd is the classic Texas mistake.
Whatever your state allows, the fee only works if it's written into the lease and applied every time. Run your numbers through the late fee calculator to see what a flat, percentage, or per-day fee comes to on your rent — and use the late rent notice when it's time to put it in writing.
Read the law yourself
The authority here is Tex. Prop. Code § 92.019. It's shorter than you'd think, and knowing the exact wording is worth ten summaries — including this one.
Not legal advice. General information, not legal advice. Cities can be stricter than the state, statutes change, and courts weigh lease language heavily. When real money is in dispute, talk to a local attorney.
Common questions
Do I have to give a grace period?
Two full days after the due date, by statute. Even where none is required, many landlords give a short one — it makes the fee feel like a boundary instead of a trap, and it's the pattern courts and tenants both respect.
Can I charge a late fee if it isn't in the lease?
Practically, no. In nearly every state a late fee is a lease term — if the lease is silent, add it at renewal rather than improvising mid-tenancy.
Can I charge daily late fees?
Some leases layer a per-day amount on top of a flat fee. Whether that holds up depends on your state's cap or reasonableness rule — total the worst-case month and ask whether a judge would call it an estimate of damages or a penalty.