Tex. Prop. Code Section 92.019
Late Payment of Rent; Fees


(a)

A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant’s rent unless:

(1)

notice of the fee is included in a written lease;

(2)

the fee is reasonable; and

(3)

any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due.

(a-1)

For purposes of this section, a late fee is considered reasonable if:

(1)

the late fee is not more than:

(A)

12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or

(B)

10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or

(2)

the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.

(b)

A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant’s rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section.

(c)

A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant’s reasonable attorney’s fees.

(d)

A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.

(e)

This section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord’s right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 3, eff. January 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1268 (H.B. 1109), Sec. 1, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 629 (S.B. 1414), Sec. 1, eff. September 1, 2019.

Source: Section 92.019 — Late Payment of Rent; Fees, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­92.­htm#92.­019 (accessed Feb. 22, 2024).

92.001
Definitions
92.002
Application
92.003
Landlord’s Agent for Service of Process
92.004
Harassment
92.005
Attorney’s Fees
92.006
Waiver or Expansion of Duties and Remedies
92.007
Venue
92.008
Interruption of Utilities
92.009
Residential Tenant’s Right of Reentry After Unlawful Lockout
92.010
Occupancy Limits
92.011
Cash Rental Payments
92.012
Notice to Tenant at Primary Residence
92.013
Notice of Rule or Policy Change Affecting Tenant’s Personal Property
92.014
Personal Property and Security Deposit of Deceased Tenant
92.015
Tenant’s Right to Summon Police or Emergency Assistance
92.016
Right to Vacate and Avoid Liability Following Family Violence
92.017
Right to Vacate and Avoid Liability Following Certain Decisions Related to Military Service
92.018
Liability of Tenant for Governmental Fines
92.019
Late Payment of Rent
92.020
Emergency Phone Number
92.021
Liability of Certain Guarantors Under Lease
92.023
Tenant’s Remedies Regarding Revocation of Certificate of Occupancy
92.024
Landlord’s Duty to Provide Copy of Lease
92.025
Liability for Leasing to Person with Criminal Record
92.026
Possession of Firearms or Firearm Ammunition on Leased Premises
92.051
Application
92.052
Landlord’s Duty to Repair or Remedy
92.053
Burden of Proof
92.054
Casualty Loss
92.055
Closing the Rental Premises
92.056
Landlord Liability and Tenant Remedies
92.058
Landlord Remedy for Tenant Violation
92.060
Agents for Delivery of Notice
92.061
Effect on Other Rights
92.062
Lease Term After Natural Disaster
92.0081
Removal of Property and Exclusion of Residential Tenant
92.0091
Residential Tenant’s Right of Restoration After Unlawful Utility Disconnection
92.101
Application
92.102
Security Deposit
92.103
Obligation to Refund
92.104
Retention of Security Deposit
92.105
Cessation of Owner’s Interest
92.106
Records
92.107
Tenant’s Forwarding Address
92.108
Liability for Withholding Last Month’s Rent
92.109
Liability of Landlord
92.110
Lease Without Security Deposit
92.111
Fee in Lieu of Security Deposit
92.0131
Notice Regarding Vehicle Towing or Parking Rules or Policies
92.0132
Term of Parking Permit
92.0135
Notice for Dwelling Located in Floodplain
92.151
Definitions
92.152
Application of Subchapter
92.153
Security Devices Required Without Necessity of Tenant Request
92.154
Height, Strike Plate, and Throw Requirements--keyed Dead Bolt or Keyless Bolting Device
92.155
Height Requirements--sliding Door Security Devices
92.156
Rekeying or Change of Security Devices
92.157
Security Devices Requested by Tenant
92.158
Landlord’s Duty to Repair or Replace Security Device
92.159
When Tenant’s Request or Notice Must Be in Writing
92.160
Type, Brand, and Manner of Installation
92.0161
Right to Vacate and Avoid Liability Following Certain Sex Offenses or Stalking
92.161
Compliance with Tenant Request Required Within Reasonable Time
92.0162
Right to Vacate and Avoid Liability Following Tenant’s Death
92.162
Payment of Charges
92.163
Removal or Alteration of Security Device by Tenant
92.164
Tenant Remedies for Landlord’s Failure to Install or Rekey Certain Security Devices
92.165
Tenant Remedies for Other Landlord Violations
92.166
Notice of Tenant’s Deduction of Repair Costs from Rent
92.167
Landlord’s Defenses Relating to Compliance with Tenant’s Request
92.168
Tenant’s Remedy on Notice from Management Company
92.169
Agent for Delivery of Notice
92.170
Effect on Other Landlord Duties and Tenant Remedies
92.0191
Statement of Late Fees
92.201
Disclosure of Ownership and Management
92.202
Landlord’s Failure to Disclose Information
92.203
Landlord’s Failure to Correct Information
92.204
Bad Faith Violation
92.205
Remedies
92.206
Landlord’s Defense
92.207
Agents for Delivery of Notice
92.208
Additional Enforcement by Local Ordinance
92.251
Definitions
92.252
Application of Other Law
92.253
Exemptions
92.254
Smoke Alarm
92.255
Installation and Location
92.257
Installation Procedure
92.258
Inspection and Repair
92.259
Landlord’s Failure to Install, Inspect, or Repair
92.260
Tenant Remedies
92.261
Landlord’s Defenses
92.262
Agents for Delivery of Notice
92.263
Inspection of Residential Fire Extinguisher
92.264
Duty to Repair or Replace
92.301
Landlord Liability to Tenant for Utility Cutoff
92.302
Notice of Utility Disconnection of Nonsubmetered Master Metered Multifamily Property to Municipalities, Owners, and Tenants
92.331
Retaliation by Landlord
92.332
Nonretaliation
92.333
Tenant Remedies
92.334
Invalid Complaints
92.335
Eviction Suits
92.351
Definitions
92.352
Rejection of Applicant
92.353
Procedures for Notice or Refund
92.354
Liability of Landlord
92.355
Waiver
92.0561
Tenant’s Repair and Deduct Remedies
92.0562
Landlord Affidavit for Delay
92.0563
Tenant’s Judicial Remedies
92.1031
Conditions for Retention of Security Deposit or Rent Prepayment
92.1041
Presumption of Refund or Accounting
92.1641
Landlord’s Defenses Relating to Installing or Rekeying Certain Security Devices
92.2571
Alternative Compliance
92.2611
Tenant’s Disabling of a Smoke Alarm
92.3515
Notice of Eligibility Requirements

Accessed:
Feb. 22, 2024

§ 92.019’s source at texas​.gov