Texas late rent laws (2026)

The Texas timeline, with dates

Here is the order of events when rent due on the 1st goes unpaid, using Texas's numbers and an example notice served on the 5th.

1. The 1stRent is due (the example due date used throughout this page).
2. Not before the 3rdLate fee: Texas sets a 2-day grace period. Late fee only if in a written lease, reasonable, and rent remains unpaid 2 full days after the due date; higher fees must match the landlord's uncertain damages. Whether the fee can start on that day or the next depends on how Tex. Prop. Code § 92.019 counts days.
3. The 5th (example)You serve the notice: 3-day written notice before filing, unless the lease sets a shorter or longer period; must be a notice to pay rent or vacate if the tenant was not late before that month (Tex. Prop. Code § 24.005(a) (as amended by SB 38, eff. Jan. 1, 2026)).
4. Not before the 8thThe 3-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
5. Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.

The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read Tex. Prop. Code § 24.005(a) (as amended by SB 38, eff. Jan. 1, 2026) before you serve anything.

The notice for unpaid rent

3-day written notice before filing, unless the lease sets a shorter or longer period; must be a notice to pay rent or vacate if the tenant was not late before that month. Tex. Prop. Code § 24.005(a) (as amended by SB 38, eff. Jan. 1, 2026)

Among the 31 states we have verified, 3 require no notice at all, 9 others use the same 3 days as Texas, and 17 require a longer one. Among states that require a notice, the median is 7 days.

Late fees and the grace period

Late fee only if in a written lease, reasonable, and rent remains unpaid 2 full days after the due date; higher fees must match the landlord's uncertain damages. Tex. Prop. Code § 92.019

Statutory limit: Presumed reasonable: 12% of monthly rent (structure with 4 or fewer units) or 10% (more than 4 units).

Assumes the whole month's rent is unpaid and the lease provides for a late fee. These are the levels the statute presumes reasonable, not a hard ceiling.

Texas is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.

What else to know in Texas

Notes from our review: Tenants who were late before may receive either a pay-or-vacate notice or a straight notice to vacate. SB 38 delivery methods: mail, conspicuous delivery inside the premises, hand delivery to a tenant 16+, or e-mail if agreed in writing. A federal notice period (e.g. CARES Act 30 days) delays the writ, not the filing.

Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.

Texas and its neighbors

Notice periods across the 31 verified states

Sources

• Notice for unpaid rent: Tex. Prop. Code § 24.005(a) (as amended by SB 38, eff. Jan. 1, 2026)
• Late fees and grace period: Tex. Prop. Code § 92.019
• Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.

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