Texas eviction notice and late fee rules

Notice for unpaid rent

3 days — A landlord must give a tenant who defaults or holds over at least three days' written notice to vacate before filing an eviction (forcible detainer) suit, unless a written lease sets a shorter or longer notice period.

Ending a month-to-month tenancy

When a monthly or month-to-month tenancy (rent period at least one month) is ended by notice, it terminates on the later of the date given in the notice or one month after the notice is given.

Late-fee limit

A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period (structures with four or fewer units) or 10 percent (structures with more than four units).

Grace period before a late fee

A late fee may be collected only after any portion of rent has remained unpaid two full days after the original due date.

Notice for unpaid rent

A landlord must give a tenant who defaults or holds over at least three days' written notice to vacate before filing an eviction (forcible detainer) suit, unless a written lease sets a shorter or longer notice period.

“If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.”
Tex. Prop. Code § 24.005(a)

If the eviction is based solely on nonpayment and the tenant was not late before the month the notice is given, the notice must be a notice to pay rent or vacate.

“In a forcible detainer suit against a tenant whose right of possession is terminated based solely on nonpayment of rent and who was not late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section shall be given in the form of a notice to pay rent or vacate.”
Tex. Prop. Code § 24.005(a)

If the tenant was late before the month the notice is given, the notice may be either a notice to pay rent or vacate or a notice to vacate.

“In a forcible detainer suit against a tenant whose right of possession is terminated based on nonpayment of rent and who was late or delinquent in paying rent to the landlord before the month in which the notice is given, written notice under this section may be given in the form of either a notice to pay rent or vacate or a notice to vacate.”
Tex. Prop. Code § 24.005(a)

Recent changes to the law

Section 24.005 was amended by Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), effective January 1, 2026.

“Acts 2025, 89th Leg., R.S., Ch. 960 (S.B. 38), Sec. 3, eff. January 1, 2026.”
Tex. Prop. Code § 24.005 (history note)

Ending a month-to-month or other periodic tenancy

When a monthly or month-to-month tenancy (rent period at least one month) is ended by notice, it terminates on the later of the date given in the notice or one month after the notice is given.

“(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.”
Tex. Prop. Code § 91.001(a), (b), (e)

The month-to-month notice rules do not apply if the landlord and tenant agreed in a signed instrument on a different notice period or no notice, or if there is a breach of contract recognized by law.

“(e) Subsections (a), (b), (c), and (d) do not apply if: (1) a landlord and a tenant have agreed in an instrument signed by both parties on a different period of notice to terminate the tenancy or that no notice is required; or (2) there is a breach of contract recognized by law.”
Tex. Prop. Code § 91.001(e)

Lockouts and utility shutoffs

A landlord who changes the locks of a delinquent tenant must provide a key to the changed lock regardless of whether the tenant pays the delinquent rent.

“A landlord who intentionally prevents a tenant from entering the tenant's dwelling under Subsection (b)(3) must provide the tenant with a key to the changed lock on the dwelling without regard to whether the tenant pays the delinquent rent.”
Tex. Prop. Code § 92.0081(f)

For a violation of the lockout/removal section, the tenant may recover possession or terminate the lease and recover a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees, less delinquent rent or other sums owed.

“(2) recover from the landlord a civil penalty of one month's rent plus $1,000, actual damages, court costs, and reasonable attorney's fees in an action to recover property damages, actual expenses, or civil penalties, less any delinquent rent or other sums for which the tenant is liable to the landlord.”
Tex. Prop. Code § 92.0081(h)

A landlord may not interrupt utility service that the tenant pays directly to the utility company unless the interruption results from bona fide repairs, construction, or an emergency.

“A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency.”
Tex. Prop. Code § 92.008(a)

A landlord may not intentionally keep a tenant out of the premises except by judicial process, unless the exclusion results from bona fide repairs, construction, or an emergency; removing contents of abandoned premises; or changing the locks on the unit of a tenant who is delinquent in paying at least part of the rent.

“(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from: (1) bona fide repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent.”
Tex. Prop. Code § 92.0081(b)

Retaliation

Within six months after a tenant's protected action (such as a good-faith repair request, code or utility complaint, or tenant-organization activity), a landlord may not retaliate by filing an eviction (except on § 92.332 grounds), depriving the tenant of use of the premises, decreasing services, raising rent or terminating the lease, or materially interfering with the lease in bad faith.

“(b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by: (1) filing an eviction proceeding, except for the grounds stated by Section 92.332; (2) depriving the tenant of the use of the premises, except for reasons authorized by law; (3) decreasing services to the tenant; (4) increasing the tenant's rent or terminating the tenant's lease; or (5) engaging, in bad faith, in a course of conduct that materially interferes with the tenant's rights under the tenant's lease.”
Tex. Prop. Code § 92.331(b)

A tenant subjected to retaliation may recover a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees, less delinquent rent or other sums owed.

“In addition to other remedies provided by law, if a landlord retaliates against a tenant under this subchapter, the tenant may recover from the landlord a civil penalty of one month's rent plus $500, actual damages, court costs, and reasonable attorney's fees in an action for recovery of property damages, moving costs, actual expenses, civil penalties, or declaratory or injunctive relief, less any delinquent rents or other sums for which the tenant is liable to the landlord.”
Tex. Prop. Code § 92.333

What the notice must say and how it is delivered

The pre-suit notice must be delivered by at least one of: mail (including first class, registered, certified, or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to a tenant 16 or older; or, if the parties agreed in writing, electronic communication. These delivery rules do not apply if the tenant actually receives the notice.

“(f-3) A notice required by this section must be delivered using at least one of the following methods: (1) mail, including first class mail, registered mail, certified mail, or a delivery service; (2) delivery to the inside of the premises, in a conspicuous place; (3) hand delivery to any tenant of the premises who is 16 years of age or older; or (4) if the parties have agreed in writing, electronic communication, including e-mail or other electronic means. (f-4) Subsection (f-3) does not apply if the tenant actually receives the notice.”
Tex. Prop. Code § 24.005(f-3), (f-4)

No eviction trial may be held until 4 days have passed after service.

“An eviction case will be docketed and tried as other cases. No eviction trial may be held until 4 days has passed after service under Rule 510.8.”
Tex. R. Civ. P. 510 (trial)

Court deadlines and the eviction case

For eviction suits under the rewritten Rule 510, the citation must state a trial date not less than 10 days nor more than 21 days after the petition is filed.

“state the day the defendant must appear in person for trial at the court issuing citation, which must not be less than 10 days nor more than 21 days after the petition is filed;”
Tex. R. Civ. P. 510 (citation contents)

A written answer is not required; the defendant may file one on or before the trial day stated in the citation.

“Not Required. The defendant may, but is not required to, file a written answer with the court on or before the day set for trial in the citation.”
Tex. R. Civ. P. 510.11(a)

Late fees and grace periods

A landlord may not collect a late fee unless notice of the fee is in a written lease, the fee is reasonable, and rent has remained unpaid two full days after the original due date.

“(a) A landlord may not collect from a tenant a late fee for failing to pay any portion of the tenant's rent unless: (1) notice of the fee is included in a written lease; (2) the fee is reasonable; and (3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.”
Tex. Prop. Code § 92.019(a)

A late fee may be collected only after any portion of rent has remained unpaid two full days after the original due date.

“(3) any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.”
Tex. Prop. Code § 92.019(a)(3)

A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period (structures with four or fewer units) or 10 percent (structures with more than four units).

“(a-1) For purposes of this section, a late fee is considered reasonable if: (1) the late fee is not more than: (A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units;”
Tex. Prop. Code § 92.019(a-1)

A late fee above those percentages is considered reasonable if it is not more than the landlord's uncertain damages related to late payment, including collection expenses, costs, or overhead.

“(2) the late fee is more than the applicable amount under Subdivision (1), but not more than uncertain damages to the landlord related to the late payment of rent, including direct or indirect expenses, direct or indirect costs, or overhead associated with the collection of late payment.”
Tex. Prop. Code § 92.019(a-1)(2)

A late fee may combine an initial fee and a daily fee; together they count as a single late fee.

“A late fee under this section may include an initial fee and a daily fee for each day any portion of the tenant's rent continues to remain unpaid, and the combined fees are considered a single late fee for purposes of this section.”
Tex. Prop. Code § 92.019(b)

A landlord who violates the late-fee section is liable for $100, three times the improper late fee collected, and the tenant's reasonable attorney's fees; lease waivers of the section are void.

“(c) A landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee collected in violation of this section, and the tenant's reasonable attorney's fees. (d) A provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.”
Tex. Prop. Code § 92.019(c), (d)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Texas rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Texas have to give for unpaid rent?

A landlord must give a tenant who defaults or holds over at least three days' written notice to vacate before filing an eviction (forcible detainer) suit, unless a written lease sets a shorter or longer notice period. (Tex. Prop. Code § 24.005(a)).

How much notice is needed to end a month-to-month tenancy in Texas?

When a monthly or month-to-month tenancy (rent period at least one month) is ended by notice, it terminates on the later of the date given in the notice or one month after the notice is given. (Tex. Prop. Code § 91.001(a), (b), (e)).

Is there a limit on rent late fees in Texas?

A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period (structures with four or fewer units) or 10 percent (structures with more than four units). (Tex. Prop. Code § 92.019(a-1)).