Tex. Codes » Property Code · TITLE 8. LANDLORD AND TENANT · CHAPTER 92. RESIDENTIAL TENANCIES
Texas Codes

Tex. Prop. Code § 92.019 (2026)

Late Payment Of Rent; Fees

✓ current as of May 2026
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Sec. 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.

Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2014–2023 · leading case: Brown v. Mid-Am. Apts., LP, 348 F. Supp. 3d 594 (W.D. Tex. 2018).
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Brown v. Mid-Am. Apts., LP, 348 F. Supp. 3d 594 (W.D. Tex. 2018). · cites it 6× “He alleges that the late fee was charged in violation of Texas Property Code § 92.019 (" Section 92.”
Olley v. HVM, L.L.C., 449 S.W.3d 572 (Tex. App. 2014). · cites it 2× “5 Olley cites Texas Property Code section 92.019, which precludes a landlord from charging a late fee for failing to pay rent except under certain circumstances.”
Cleven v. Mid-Am. Apt. Cmtys., Inc., 348 F. Supp. 3d 604 (W.D. Tex. 2018). · cites it 7× “Each party argues that they are entitled to summary judgment on Plaintiffs' sole claim: that Defendants' apartment late fees violated the Texas Property Code § 92.019. Having considered the parties' arguments, the evidence, and the relevant law, the Court will grant Plaintiffs'…”
Cleven v. Mid-Am. Apt Communities, et a (5th Cir. 2021). · cites it 4× “1 Tex. Prop. Code Ann. § 92.019 (West 2014).”
Mosaic Baybrook One, L.P., Mosaic Baybrook Two, L.P., & Mosaic Residential, Inc. v. Tammy Cessor (Tex. 2023). · cites it 3× “The order identified the class claim as a “[s]tatutory claim for violation of Texas Property Code § 92.019 resulting from charging and collecting late fees and charging back rent concessions” and listed the following issues of law and fact common to the members of the class: …”
Jeff Olley v. HVM, L.L.C., in Its Capacity as Manager of the Hotel Commonly Known as the Extended Stay Am. - Houston - Katy Freeway/Energy Corridor (Tex. App. 2014). · cites it 2× “5 Olley cites Texas Property Code section 92.019, which precludes a landlord from charging a late fee for failing to pay rent except under certain circumstances.”
Mosaic Baybrook One, L.P.,Mosaic Baybrook Two, LP Mosaic Baybrook One GP LLC Mosaic Baybrook Two GP LLC Mosaic Residential, Inc. Robert M. Weber Valissa Parmer Abid Bhimani Mosaic GP Fund III LLC Eastham Capital Fund III (QP) LP Eastham Capital Fund IV, LP Auspay-Baybrook, LLC Auspay-Mosaic GP, LLC Williamsburg Enter., LLLP Philip Salem Widad Salem & Baybrook LL, LLC v. Tammy Cessor & Paul Simien (Tex. App. 2021). “See Tex. Prop. Code Ann. § 92.019 . Simien asserted a statutory cause of action based on Baybrook Appellants’ alleged violation of section 13.”
Tex. Prop. Code § 92.019(a)(2): 3 cases
Brown v. Mid-Am. Apts., LP, 348 F. Supp. 3d 594 (W.D. Tex. 2018). “He alleges that the late fee was charged in violation of Texas Property Code § 92.019 (" Section 92.”
Cleven v. Mid-Am. Apt. Cmtys., Inc., 348 F. Supp. 3d 604 (W.D. Tex. 2018). “Each party argues that they are entitled to summary judgment on Plaintiffs' sole claim: that Defendants' apartment late fees violated the Texas Property Code § 92.019. Having considered the parties' arguments, the evidence, and the relevant law, the Court will grant Plaintiffs'…”
Cleven v. Mid-Am. Apt Communities, et a (5th Cir. 2021). “1 Tex. Prop. Code Ann. § 92.019 (West 2014).”
Tex. Prop. Code § 92.019(c): 2 cases
Brown v. Mid-Am. Apts., LP, 348 F. Supp. 3d 594 (W.D. Tex. 2018). “He alleges that the late fee was charged in violation of Texas Property Code § 92.019 (" Section 92.”
Cleven v. Mid-Am. Apt. Cmtys., Inc., 348 F. Supp. 3d 604 (W.D. Tex. 2018). “Each party argues that they are entitled to summary judgment on Plaintiffs' sole claim: that Defendants' apartment late fees violated the Texas Property Code § 92.019. Having considered the parties' arguments, the evidence, and the relevant law, the Court will grant Plaintiffs'…”
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