General info, not legal advice. Details

Texas Late fees

Last reviewed 2026-10-23

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 requirementAllowed only if the written lease provides for it and the fee is reasonable
Presumed reasonable, 4 or fewer unitsUp to 12% of monthly rent
Presumed reasonable, more than 4 unitsUp 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)

This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.

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