Texas Rent Late Fee & Grace Period Calculator
$216.00
Statutory safe harbor limit of 12% of monthly rent under 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 ↗ |
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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.
Dallas Single-Family Rental Premature Late Fee
$2,000
Day 3
$150
$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.