Operative Text
Sec. 92.019. LATE PAYMENT OF RENT; FEES. (a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless:(1) notice of the fee is included in a written lease;(2) the fee is reasonable; and(3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.(a-1) For purposes of this section, a late fee is considered reasonable if:(1) the late fee is not more than:(A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or(B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or(2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.(b) A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section.(c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees.(d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.(e) This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section. Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 3, eff. January 1, 2008.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1268 (H.B. 1109), Sec. 1, eff. June 19, 2009.Acts 2019, 86th Leg., R.S., Ch. 629 (S.B. 1414), Sec. 1, eff. September 1, 2019.
Under Tex. Prop. Code § 92.019, a landlord in Texas may only charge a late fee if three conditions are met: the fee is disclosed in a written lease, the fee is reasonable under the statutory caps, and the rent has gone unpaid for at least two full days past its due date. Reasonableness is defined by percentage caps—generally 12% of one period's rent for smaller buildings (four units or fewer) and 10% for larger ones—though higher fees may be permissible if they reflect actual damages tied to late collection. A landlord who collects a fee outside these rules faces liability to the tenant of $100 plus three times the improper fee amount, plus the tenant's reasonable attorney's fees. Lease provisions that attempt to waive these protections are void.
Plain English — not legal advice.
Compliant operators under Tex. Prop. Code § 92.019 ensure that any late fee is clearly spelled out in the written lease before it is ever assessed. They also verify that the fee amount falls within the statutory reasonableness thresholds—12% of one rental period's rent for properties with four or fewer units, or 10% for larger properties—and they wait the full two-day grace period after the rent due date before charging any fee. Operators who collect fees outside these parameters expose themselves to statutory damages of $100 plus three times the improperly collected fee, along with the tenant's attorney's fees, so careful lease drafting and consistent billing practices are central to compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.019 gives Texas tenants the right to be free from late fees that are not disclosed in a written lease, that exceed the statutory reasonableness caps, or that are charged before two full days have passed since rent was due. If a landlord collects a fee that violates these requirements, the statute entitles the tenant to recover $100, three times the amount of the improper fee, and reasonable attorney's fees—and paying the fee does not waive those remedies. Tenants who believe a late fee was improperly charged may wish to document the timeline and fee amounts, review their lease terms, and consult a tenant-rights organization or legal aid provider familiar with Texas property law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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