Texas Late Rent Fees: What Landlords Can Legally Charge

Worried about a late rent fee on your Texas lease? Understanding your rights around late rent charges is crucial, especially if you're facing unexpected fees or want to ensure your landlord is following the law. This article breaks down Texas regulations on late rent fees, how much landlords can charge, and what you can do if you believe a fee is unfair or excessive.

How Late Rent Fees Work in Texas

In Texas, landlords can only charge a late fee if the lease or rental agreement clearly states the fee and its terms. State law sets certain requirements to protect both renters and landlords.

Legal Limits on Late Rent Fees

Texas Property Code Section 92.019 sets out specific rules for late rent fees:

• The fee must be in writing in your rental agreement or lease.
• No late fee can be charged until at least one full day after rent is due and unpaid.
• For most residential units (with 4 dwellings or fewer): Late fees are limited to 12% of the monthly rent.
• For properties with more than 4 units: Late fees may not exceed 10% of the monthly rent.
• Fees must be "reasonable" and related to actual costs of late payment.

You can review these requirements directly in the Texas Property Code - Section 92.019.^[1]

Requirements for Notice and Fee Collection

• Landlords cannot collect a late rent fee if it is not stated in the lease.
• If charged, the amount and due date should be clear in writing.
• Landlords cannot evict based solely on late fees, but repeated late payments can put you at risk of nonrenewal or other lease actions.

What to Do If You’re Charged an Improper Late Fee

If your landlord charges a late fee over the legal limit, or without following the lease and state law, you have the right to request its removal. Here’s what you can do:

• Check your lease for any late fee terms.
• Compare the fee with the legal limits in the Texas Property Code.
• Contact your landlord in writing, citing the specific law and asking for correction.

Relevant Forms for Texas Renters

• Tenant Complaint Form (Texas Attorney General): Use if your landlord refuses to remove illegal late fees Consumer Complaint Form. Explain the situation and include copies of your lease and payment history.
• Justice Court Eviction Answer Form (Texas Justice Courts): If late fees lead to an eviction case, respond using the official Texas Courts Self-Help Forms. State your defense regarding improper late fees.

Always keep a written record of any communications about late fees with your landlord.

Who Oversees Rental Disputes in Texas?

Residential tenancy disputes, including issues with late rent fees, are typically addressed in your local Justice of the Peace Court. For more information or to find your local court, visit the Texas Judicial Branch Justice of the Peace Courts Directory.^[2]

FAQ: Texas Renters and Late Fees

1. When can a landlord legally charge a late rent fee in Texas?
   A landlord can only charge a late fee one full day after the rent due date, and only if the lease states the terms clearly.
2. How much can my landlord charge me as a late fee in Texas?
   Usually, no more than 12% of your monthly rent for small rental properties or 10% for properties with more than four units.
3. Can I refuse to pay an unlawful late fee?
   You can dispute a fee that exceeds legal limits or isn’t stated in the lease. Put your dispute in writing and keep records.
4. Could I be evicted just for not paying late fees?
   Not usually—Texas law does not allow eviction for late fees alone, but unpaid rent or repeated late payments can lead to other actions.
5. Where can I file a complaint if I believe my landlord is overcharging late fees?
   You can file a complaint with the Texas Attorney General or seek help at your local Justice of the Peace Court.

Conclusion: Key Takeaways for Texas Renters

• Texas law limits late rent fees and requires they be stated in your lease.
• Fees must be reasonable and within percentage limits set by state law.
• If you believe a fee is improper, you have the right to contest it through complaint forms or the courts.

Understanding your lease, state law, and how to dispute improper charges helps you protect your rights as a tenant in Texas.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Rights – Guidance and complaint options.
• Texas Department of Housing and Community Affairs – Renters’ programs and information.
• TexasLawHelp.org: Tenant Rights – Plain-language guides and forms for Texas renters.
• Find Your Local Justice of the Peace Court – Handle official disputes or file for mediation.

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1. Texas Property Code – Section 92.019: Late Payment of Rent; Fees
2. Texas Judicial Branch – Justice of the Peace Courts Directory

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