Legal Question in Credit and Debt Law in Texas

Apartment policy on bounced checks and late fees.

My daughter paid her rent on the 1st, the day it was due, even though the landlord gives her until the 3rd to pay. When she found out from the bank on the 7th the check had bounced, she called the landlords office to see if she should pay in cash or if they would submit the check again. They said they submitted the check again. She found out they did not send it back through the bank and by that time, on the 10th, she was several days late. Their policy reads: $50 bounced check fee, $50 for first late day, $10 every day after that. The total came to $180. After complaining, they took off $50, due to the days that went by while holding the check, but she still owed a $130 penalty fee. $50+$50+$30 for 3 days (5th, 6th, 7th). This is a very high fee. She understands she was wrong for having a bounced check, however, is there anything she can do about the $130 penalty, besides learning a lesson? Also, from your experience; is this an average fee amount?

Thank you


Asked on 10/12/05, 1:10 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Apartment policy on bounced checks and late fees.

The bounced check charge is excessive. It should not be over $30.00. But your daughter is going to have to pay the fees otherwise she's running the risk of being evicted. Then she can attempt to recover the $20.00 excess charge.

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Answered on 10/12/05, 3:10 pm


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