Legal Question in Real Estate Law in Texas

Landlord and late fees

I was short on January's rent and the landlord told me what to pay in amount + late fees. I paid that.

Then I paid Feb rent Jan 30th. Today he emailed me and pointed this out in the lease:

Application of Funds: Regardless of any notation on a check, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges, returned check charge, repairs, brokerage fees, periodic utilities, pet charges, and then to rent.

However I pointed out:

A landlord may have provisions in the lease agreement allowing late fees or some other fee to be deducted first; however, the landlord cannot use this provision in order to claim nonpayment and use one of the self-help remedies described above. A lease provision used in this manner is void according to the Texas Property Code.

He's now said I'm behind on Feb rent starting tomorrow if I don't give him another $380 dollars in late fees and that starts tomorrow 50 + 20 ea addtl day.

TX doesn't have a limit on late fees, can't afford to shell out $380 dollars more. What should I do?

He's saying there are more fees for Jan. but I paid what he told me too.


Asked on 2/03/09, 5:23 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Landlord and late fees

Sounds like a nice landlord. Check out your rights on this website. http://www.txtenants.org/tenants_rights.html

You can also pay him and then sue him in small claims court to get your money back, but it is hardly worth the trouble.

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Answered on 2/03/09, 5:32 pm


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