Grace period, late fee cap, and pay-or-quit notice rules — Tex. Prop. Code § 92.019
Under Tex. Prop. Code § 92.019, Texas gives tenants a 2-day grace period after rent is due. During this window, a landlord may not charge a late fee or serve a pay-or-quit notice. The grace period begins on the rent due date stated in the lease. Only after the grace period expires may the landlord impose a late charge and begin the eviction notice process.
2-day grace period if the lease is silent on grace. Late fee cap: 12% of monthly rent for 1-3 unit properties; $100 or 12% (whichever is less) for 4+ unit buildings.
Texas caps late fees at 12% of monthly rent (1+ units) or lesser of $100/12% (4+ units) under Tex. Prop. Code § 92.019(d). Any late fee above this statutory maximum is unenforceable, even if the tenant agreed to it in the lease. At the statewide median rent of $1,204/month, a 5% fee would equal approximately $60 — verify the exact percentage allowed under your state's statute.
Once rent is late and the 2-day grace period has expired, the landlord must serve a formal 3-day pay-or-quit notice (Tex. Prop. Code § 91.001) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Texas court.
Yes — Texas provides a 2-day grace period under Tex. Prop. Code § 92.019. Landlords cannot charge a late fee or serve a pay-or-quit notice until after the 2-day grace window expires.
In Texas, late fees are capped at 12% of monthly rent (1+ units) or lesser of $100/12% (4+ units) under Tex. Prop. Code § 92.019(d). Any late fee above this amount may be unenforceable.
Landlords in Texas must serve a 3-day pay-or-quit notice under Tex. Prop. Code § 91.001 before filing an eviction lawsuit for nonpayment of rent. Note: the 3-day notice period does not begin until after the 2-day grace period expires. The tenant has 3 days after service of the notice to pay all rent owed or vacate.
Technically yes — one missed rent payment is grounds for eviction in Texas. However, landlords must first wait out the 2-day grace period, then serve a 3-day pay-or-quit notice and wait for it to expire before filing. Most landlords prefer to work with tenants before filing, as eviction court costs and lost vacancy time often exceed one month's rent.
Data sourced from Texas published statutes (Tex. Prop. Code § 91.001), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated April 29, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
