Key answer: The cap is 12% of the rent. Only after rent has been unpaid for two full days past the due date, and only if the lease includes a late fee clause.
| Rule | Detail |
|---|---|
| Fee cap | 12% of the rent |
| Grace period | 2 days |
| Must be in lease? | Required — no clause, no fee |
| Source | Tex. Prop. Code §92.019 |
For a 1-4 unit building with $1,500 rent, the maximum reasonable fee is 12% = $180; for 5+ units it is 10% = $150. The fee cannot be charged until rent is two full days past due and must be in the written lease.
What is the maximum late fee a landlord can charge in Texas?
The cap is 12% of the rent.
When can a Texas landlord charge a late fee?
Only after rent has been unpaid for two full days past the due date, and only if the lease includes a late fee clause.
Does the late fee have to be in the lease in Texas?
Yes. The fee must be in the written lease or rental agreement — no clause, no fee.
Can a Texas landlord combine a flat fee and a daily fee?
Yes, but the combined total counts as one single fee and must stay within the cap.
What happens if a Texas landlord charges an illegal late fee?
The landlord owes $100, three times the illegal fee, and the tenant's reasonable attorney's fees (Tex. Prop. Code 92.019).
We have not confirmed a statewide rent-increase cap for Texas. Notice requirements depend on the lease type (month-to-month vs. fixed term) — check your lease and local rules.
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Not legal advice. Verify against your lease and local rules.
Calculate your Texas late fee