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Free Texas Rent
Increase Notice Template

Last reviewed September 2026

Written by LawLease Editorial

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Texas Rent Increase Notice

A Texas landlord has to give tenants written notice before rent goes up. How much notice — and whether there’s a cap — is set by statute. Here’s what Texas’s says.

Texas rules at a glance

Texas rules for a Rent Increase Notice
Notice before an increaseTexas has no rent-increase notice statute; 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.Tex. Prop. Code §91.001
Rent capRent control is barred except in a governor-approved disaster emergency.Tex. Loc. Gov’t Code §214.902

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).

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