Legal Question in Landlord & Tenant Law in Texas

always late or just don't care

I have a couple of properties and have never seen this before. I rented to a couple that refuses the pay their rent on time. My lease agreement states that tenant agrees to pay without demand the sum of $$$$per month in advance or on the first day of each calendar month. Landlord may impose a late payment charge of 25.00/day for any amount that is more than 5 days late. This couple has yet to pay their rent promptly. They have been here for almost 5 months now and and have been late ever since always paying on the 5th of the month. When I discussed this with the tenant they told me that they have until the 5th to pay. Can I back and change the terms of my lease? Do I just have to wait this one out?


Asked on 1/02/05, 10:28 pm

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: always late or just don't care

Yes; you are bound by the terms of the lease unless you both agree to modify it in writing.

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Answered on 1/02/05, 10:32 pm
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: always late or just don't care

Yes, you have to wait this one out, but I don't see the problem. A 5-10 day grace period for the payment of rent is quite standard in both residential and commercial situations. Like many leases, it requires the tenants to try and pay by the 1st, but it's O.K. if it's by the 5th. Also, I do not recommend changing your lease. You'll create more headaches for yourself than you want trying to micromanage who paid what on what day. It's not worth it. Give your tenants a grace period (like you're doing) and just roll with it.

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Answered on 1/03/05, 3:14 pm


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