Last reviewed September 2026
Written by LawLease Editorial
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Texas Late Rent Notice
This Late Rent Notice is built with Texas as the governing state. These are the Texas landlord-tenant rules that most often bear on it, with the statute for each.
Texas rules at a glance
| Late fees | Only after rent is unpaid 2 full days; safe harbor 12% of rent (≤4 units) or 10% (5+ units)Tex. Prop. Code §92.019 |
|---|---|
| Nonpayment eviction notice | 3 days’ written notice (pay-or-vacate for a first-time late tenant) unless the lease says otherwiseTex. Prop. Code §24.005 |
Rent, late fees & returned payments
Texas is one of the few states with a precise late-fee statute. A late fee is only collectible if notice of it is in a written lease, it is reasonable, and rent has remained unpaid two full days after the due date (§92.019(a)).
- Safe-harbor cap — A fee is presumed reasonable if it doesn’t exceed 12% of one month’s rent for a dwelling in a structure with four or fewer units, or 10% for a structure with more than four. A higher fee must be justified by the landlord’s actual uncertain damages (§92.019(a-1)).
- Initial + daily fees — A lease may combine an initial fee with a daily fee, but the two together count as a single late fee against the cap (§92.019(b)).
- Penalty — An unlawful late fee costs the landlord $100, three times the fee collected, and the tenant’s attorney’s fees; any lease waiver of these rules is void (§92.019(c)–(d)).
- Returned payments — The processing fee for a dishonored check or electronic payment is capped at $30 (Tex. Bus. & Com. Code §3.506).
- Cash rent — A landlord must accept cash unless the written lease requires another method, and must give a written receipt for cash (§92.011).
- Rent increases — Texas has no rent-increase notice statute. A fixed-term lease can’t be changed mid-term without the tenant’s agreement; for a month-to-month tenancy, an increase is effectively an offer of new terms, so landlords give at least the one rental period required to end the tenancy (§91.001).
Texas Late Rent Notice FAQs
What is the maximum late fee in Texas?
A late fee can only be charged once rent has been unpaid for two full days after the due date, and must be in a written lease. It’s presumed reasonable up to 12% of monthly rent for a building with four or fewer units, or 10% for larger buildings; initial and daily fees are added together against that cap (§92.019).
More Texas landlord documents
- Texas Residential Lease Agreement
- Texas Eviction Notice
- Texas Security Deposit Return Letter
- Texas Rent Increase Notice
- Texas Notice to Vacate
- Texas Application Approval Letter
- Texas Application Denial Letter
- Texas Background & Credit Check Authorization
- Texas Rental Application
- Texas Co-Signer Guarantor Agreement
- Texas Bed Bug Addendum
- Texas Mold & Mildew Addendum
- Texas No-Smoking Addendum
- Texas Parking & Storage Addendum
- Texas HOA & Community Rules Addendum
- Texas Crime-Free Housing Addendum
- Texas Utilities & Services Addendum
- Texas Early Termination Addendum
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- Texas Lead-Based Paint Disclosure
- Texas Military Clause (SCRA)
- Texas Pet Addendum
- Texas Cash for Keys Agreement
- Texas Mutual Lease Termination Agreement
- Texas Lease Renewal Agreement
- Texas Notice of Non-Renewal
- Texas Lease Violation Notice
- Texas Notice of Entry
- Texas Move-In / Move-Out Inspection Checklist
- Texas Rent Receipt
- Texas Rent Verification Letter
- Texas Tenant Welcome Letter
- Texas Property Management Agreement
- Texas Commercial Lease
- Texas Rent-to-Own Agreement
- Texas Short-Term Rental Agreement
- Texas Room Rental Agreement
- Texas Roommate Agreement
- Texas Spanish Lease Agreement
- Texas Sublease Agreement
- Texas Lease Amendment
Late Rent Notice in other states
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