Texas Late fees
Can a landlord charge a late fee in Texas, and how much?
Allowed only if the written lease provides for it and the fee is reasonable. A fee is presumed reasonable at up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units.
Verified Source: Tex. Prop. Code § 92.019 · last checked 2026-10-23
How this works in Texas
A Texas late fee is allowed only if the written lease provides for it and the fee is reasonable. A fee is presumed reasonable at up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units.
Worked example for Texas
Example: The written lease provides for a late fee, and monthly rent is $1,000. In a building of 4 or fewer units, a fee is presumed reasonable at up to 12% of that rent, which is $120. In a building of more than 4 units, a fee is presumed reasonable at up to 10%, which is $100.
Texas timelines and limits
| Lease requirement | Allowed only if the written lease provides for it and the fee is reasonable |
|---|---|
| Presumed reasonable, 4 or fewer units | Up to 12% of monthly rent |
| Presumed reasonable, more than 4 units | Up to 10% of monthly rent |
Texas FAQ
When may a Texas landlord charge a late fee?
Only if the written lease provides for it and the fee is reasonable, under Tex. Prop. Code § 92.019.
When is a fee presumed reasonable?
At up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units.
Is the 12% or 10% figure a hard cap?
The verified rule states that a fee is presumed reasonable at those amounts. It does not state a separate hard cap beyond the reasonableness rule.
Sources for this section: Tex. Prop. Code § 92.019 (checked 2026-10-23)
Same topic in neighboring states
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