Write the rent clause so that a stranger could pay it correctly: the amount, the day it is due, where it goes, which payment methods are accepted, and when a payment counts as received. Texas law hangs two consequences on the due date. Under Property Code §92.019 a late fee may be charged only if “any portion of the tenant’s rent has remained unpaid two full days after the date the rent was originally due,” and under §92.011 the landlord must accept cash “unless a written lease … requires the tenant to make rental payments by check, money order, or other traceable or negotiable instrument.” The clause therefore sets both the fee clock and the payment channel.
The five parts
- Amount: the monthly figure in words and numbers, and whether it includes anything (parking, a utility).
- Due date: “on or before the first day of each month.” If the first falls on a weekend the rent is still due on the first unless the lease says otherwise — say so either way.
- Place and method: the address or portal, and the accepted instruments. To decline cash, the lease must require a traceable instrument in writing (§92.011); if cash is accepted, §92.011(b) requires a written receipt and an entry in a record book.
- Receipt rule: “rent is received when it clears to the landlord’s account” or “when delivered to [address]” — the choice decides when the two-day grace period ends.
- Late fee: the initial and any daily fee, within the §92.019 caps of 12% (structures of four units or fewer) or 10% (more than four), charged only after two full days.
First and last months
A mid-month start needs a prorated first payment and a clause stating the method — the proration guide shows the arithmetic. The last month is the one the deposit does not cover: §92.108 forbids the tenant to withhold the last month’s rent on the ground that the deposit secures it, and a tenant who does so in bad faith owes three times the amount withheld.
What to avoid
- A grace period written as “five days” without saying whether the fee then applies from day one or day six; §92.019 measures from the original due date.
- A due date that changes with the calendar (“first business day”) — it makes the fee clock argue with the tenant.
- Declining cash without a written clause requiring a traceable instrument (§92.011).
Frequently asked questions
When can a Texas landlord charge a late fee?
Only when the lease provides for it, the fee is reasonable, and part of the rent has remained unpaid two full days after the original due date (Property Code §92.019).
Must a landlord accept cash rent?
Yes, unless a written lease requires payment by check, money order or another traceable instrument; a landlord who accepts cash must give a written receipt and log it (Property Code §92.011).
Can the tenant use the deposit as the last month’s rent?
No — §92.108 bars it, and bad-faith withholding makes the tenant liable for three times the rent withheld (Property Code §92.108).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Rent ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.