When a late fee can be charged
Three conditions, all of them: the lease gives notice of the fee; the fee is reasonable; and any portion of the rent has remained unpaid two full days after the date it was originally due (§92.019(a)).
Rent due on the 1st can carry a late fee from the 4th, not the 2nd.
How much is reasonable
A fee is presumed reasonable if it is not more than 12% of the monthly rent for a building with four or fewer units, or 10% for a building with more than four (§92.019(a-1)). That covers the initial and any daily fees combined.
On $2,000 a month in a single-family home, that is up to $240 in total.
The penalty for getting it wrong
A landlord who charges a late fee that breaks these rules owes the tenant $100, three times the improper fee, and reasonable attorney's fees (§92.019(c)).
Doing it properly
State the due date, the grace period and the fee in the lease, in plain figures. Apply it the same way to every tenant. Automatic payments make late fees rare in the first place - which is better for everybody than collecting them.
Questions
How many days late before a landlord can charge a late fee in Texas?
Rent must remain unpaid two full days after the date it was originally due (Texas Property Code section 92.019).
What is the maximum late fee in Texas?
There is no fixed cap, but a fee of no more than 12% of the monthly rent (four units or fewer) or 10% (more than four units) is presumed reasonable.
General information about Texas rules, not legal advice. For a specific situation, speak to a Texas attorney.