Full question:
My tenant has failed to pay his rent for this month. Per the lease agreement, he should pay his rent on the first of every month. Can I charge a late fee for delay in the rental payment? What is the law in Texas in this regard?
- Category: Landlord Tenant
- Subcategory: Late Fees
- Date:
- State: Texas
Answer:
In Texas, you can only charge a late fee for unpaid rent if certain conditions are met. According to Tex. Prop. Code § 92.019, you must include notice of the late fee in the written lease, the fee must represent a reasonable estimate of uncertain damages due to the late payment, and the rent must be unpaid for at least one full day after it was due. A late fee can consist of an initial charge and a daily fee for each day the rent remains unpaid. If you violate these provisions, you may be liable to the tenant for $100, plus three times the amount of the improperly charged late fee and the tenant's reasonable attorney's fees. Additionally, any lease provision that tries to waive these rights is void. This law specifically addresses late fees and does not affect your right to terminate the lease or pursue other legal actions.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.