Texas Late Rent Notice
A late rent notice is a written courtesy / demand letter telling the tenant rent is past due, stating the exact amount owed (rent plus any lawful late fee), how to pay, and what happens next if it is not paid. It is not an eviction notice.
What it is
A late rent notice is a written courtesy / demand letter telling the tenant rent is past due, stating the exact amount owed (rent plus any lawful late fee), how to pay, and what happens next if it is not paid. It is not an eviction notice.
When to use it
- Rent is past the due date and any lease grace language, and you want a dated written record — not just a text
- Before any late fee is assessed, to show the amount and the date it was calculated
- As the documented step before a notice to vacate if nonpayment continues
What to include — checklist
Print this page to use the checklist on paper.
- Tenant and landlord names, property address and unit
- Rent period the notice covers and the original due date
- Rent amount past due, shown separately from any late fee
- Late fee amount, the lease clause it comes from, and the date it was assessed
- Total amount now due, and exactly how / where to pay it
- Date and time the notice was sent or delivered, and by what method
- What happens next if unpaid — stated factually, without threats the lease/law does not support
- Landlord contact for payment questions or hardship communication
Texas-specific requirements
- Texas Property Code §92.019: a landlord may not collect a late fee unless notice of the fee is in a written lease, the fee is reasonable, and the rent has remained unpaid for at least two full days after the date rent was due (current §92.019(a-1) framework in verified sources).
- Reasonableness safe harbor in verified sources for §92.019: a fee is presumed reasonable if it does not exceed 12% of the rent for the period for a structure with 4 or fewer dwelling units, or 10% for a structure with more than 4 units. Amounts above that are not automatically lawful just because the lease says so.
- If your lease has no late-fee clause, do not invent one in the notice. Charge only what the signed lease and §92.019 allow, and check your lease and local rules for anything stricter.
Statute references are included only where verified for this pilot. Where a rule depends on your lease or local court, the page says so instead of guessing.
Common mistakes
- Assessing a late fee the day after the due date, before the two-full-days requirement is met
- Charging a fee that was never in the written lease
- Stacking an initial fee plus daily fees past the presumed-reasonable percentage without a basis
- Sending a late notice that blurs into a notice to vacate — they are different documents with different legal effects
Related forms
- Texas Past-Due Rent Payment Plan Agreement — documenting a catch-up plan in writing
- Texas Notice to Pay Rent or Vacate — the next step if rent stays unpaid
Where landlords get this form
These providers publish Texas-specific landlord forms and document tools. We describe them here for comparison — we do not link out from this pilot site yet.
| Provider | Best described as | What to check before you buy |
|---|---|---|
| LawDepot | DIY legal-document builder covering leases, applications and notices, form by form or by subscription. | Whether the Texas version is included in a free trial, subscription, or single-document price. |
| ezLandlordForms | Landlord-focused forms library built specifically around rentals, screening and state lease packages. | Whether you need a single form or its Texas state package, and what updates are included. |
| Rocket Lawyer | Document builder bundled with membership options that can include attorney Q&A services. | What the membership includes after any trial, and how cancellation works. |
| LegalZoom | Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents. | Whether the exact landlord form you need is offered for Texas, versus a business product. |
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Texas Landlord Paperwork Pack — $19
A printable bundle of the Texas checklists and letter templates from this site, organized in the order a small landlord actually uses them: application, lease signing, move-in, late rent, renewal, move-out and deposit return.
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Frequently asked questions
- When can a Texas landlord charge a late fee?
- Only if the fee is in a written lease, is reasonable, and rent has remained unpaid at least two full days after the due date, under Texas Property Code §92.019.
- How much late fee is reasonable in Texas?
- Verified sources describe a presumption: up to 12% of the period's rent for a structure of 4 or fewer units, or 10% for more than 4 units, is presumed reasonable under §92.019. Higher fees need a reasonable basis in the landlord's actual uncertain damages.
- Is a late rent notice required before eviction?
- A late notice is a documentation step, not the statutory pre-suit notice. Before filing an eviction suit Texas requires a notice to vacate / notice to pay rent or vacate under §24.005 — see the Notice to Vacate page.
- Should I accept partial payment?
- Decide on one consistent policy, document any amount accepted and what it was applied to, and get advice if an eviction is already in progress — acceptance can affect the case.