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Texas Rent Late Fee & Grace Period Calculator

Verified Primary Statute: Tex. Prop. Code § 92.019 · Last Checked: Spot a law update? Report it
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Texas Legal AssessmentLawful / Compliant Fee
Maximum Statutory Late Fee:

$216.00

Statutory safe harbor limit of 12% of monthly rent under Tex. Prop. Code § 92.019.

Statutory Grace Period:2 days (Earliest fee: Day 4)
Days Past Statutory Due Date:5 days
Fee Charged by Landlord:$75.00
Governing Authority:Tex. Prop. Code § 92.019

Texas Late Fee Laws at a Glance (Tex. Prop. Code § 92.019)

Under Tex. Prop. Code § 92.019(a)(1), rent must remain unpaid for two full calendar days after the due date before any late fee can be charged. If rent is due on the 1st, a late fee cannot be assessed until the 4th.

Mandatory Grace Period 2 days (Earliest fee: Day 4)
Maximum Statutory Fee Limit Tex. Prop. Code § 92.019 establishes a statutory safe harbor cap: up to 12% of monthly rent for structures with no more than 4 dwelling units, and up to 10% for structures with more than 4 dwelling units.
Written Lease Clause Required? Yes — Mandatory under state law
Primary Governing Statute Tex. Prop. Code § 92.019 ↗

Related Texas Rental Compliance Tools

Key Texas Statutory Nuances & Legal Precedents

  • Two Full Days Grace Mandate: Rent due on the 1st cannot incur a late fee on the 2nd or 3rd; the earliest legal assessment date is the 4th day of the month.
  • Statutory Safe Harbor Tiers (§ 92.019(a-1)): 12% maximum for single-family homes, duplexes, triplexes, and fourplexes; 10% maximum for apartment communities with 5+ units.
  • Tenant Remedy for Illegal Late Fees (§ 92.019(c)): A landlord who charges an illegal late fee is liable to the tenant for $100, three times the amount of the unlawful fee charged, and reasonable attorney's fees.
Worked Statutory Calculation

Dallas Single-Family Rental Premature Late Fee

Monthly Rent:

$2,000

Payment Day:

Day 3

Fee Charged:

$150

Max Legal Fee:

$0

Rent is due on the 1st of the month, and the tenant pays on the 3rd. Under Texas Property Code § 92.019, rent must remain unpaid for two full days (the 2nd and 3rd). Charging a $150 late fee on the 3rd is illegal because the fee cannot be assessed until the 4th. The landlord owes the tenant $100 plus 3x the illegal fee ($450) totaling $550 plus attorney fees under § 92.019(c).

Texas Rent Late Fee & Grace Period FAQs

What is the mandatory grace period for rent in Texas?

Under Texas Property Code § 92.019, landlords must provide a mandatory grace period of two full days. If rent is due on the 1st, a late fee cannot legally be assessed until the 4th.

What is the maximum late fee a landlord can charge in Texas?

Texas law establishes safe harbor caps: up to 12% of the monthly rent for properties with 1 to 4 units, and up to 10% for apartment complexes with 5 or more units.

What is the penalty if a Texas landlord charges an illegal late fee?

Under Tex. Prop. Code § 92.019(c), a landlord who assesses an unlawful late fee is liable to the tenant for $100, three times the amount of the late fee charged in violation of law, and reasonable attorney fees.

Can a landlord charge late fees if there is no written lease in Texas?

No. Under Tex. Prop. Code § 92.019(a)(2), notice of the late fee must be included in a written lease agreement for any late fee to be enforceable.