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I am being charged late fees for late fees, help in Tx!

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phuntx

Junior Member
What is the name of your state? Tx
I got behind on rent in December which has accrued $20 a day in late fees. I have paid all of rent for December but not the late fees. It is now January and I have not paid rent yet. My landlord is now charging me $40 a day until all late fees and rents are paid. Is that legal? It states in my lease that there will be a $20 late fee for each day rent is late but nothing about $40. Help me please!!
 


moburkes

Senior Member
What is the name of your state? Tx
I got behind on rent in December which has accrued $20 a day in late fees. I have paid all of rent for December but not the late fees. It is now January and I have not paid rent yet. My landlord is now charging me $40 a day until all late fees and rents are paid. Is that legal? It states in my lease that there will be a $20 late fee for each day rent is late but nothing about $40. Help me please!!
No. He cannot arbitrarily charnge your lease. He can, however, start eviction proceedings.
 

phuntx

Junior Member
I know I need to pay the rent. I am working on it. I am having a hard time because of all the late fees being accrued. Not a deadbeat, just behind!
 
TX law does not specify limits on late fees. Tenants can argue that high fees are unreasonable...only a court can decide.

As mentioned, your landlord cannot increase fees on a whim. The increase to $40 is unenforceable.

Pay January's rent and negotiate a total for late fees to bring you up to date. Maybe your landlord will be satisfied with something rather than nothing and agree to cut you a break this time. If a compromise can be agreed upon, get everything in writing.

http://www.texastenant.org/rights/latefees/latefees.html
 

Cvillecpm

Senior Member
Late Fees on Late Fees

I'm going to disagree....under general accounting principals, the first charge is the first paid so any monies paid NOW would go to the December late fees and UNTIL they are paid, the double or $40 per day late fee would be appropriate if the lease allows $20 per day UNTIL PAID which is the wording generally to acknowledge this procedure.
 

BelizeBreeze

Senior Member
If the late fee is written into the lease, and if the lease term is not a month to month where you received notice that the last fee would increase, then the late fee change is a material change in the terms of the lease and is not acceptable. you could argue that this voids the lease or address the issue in court and let the court decide to either voide the lease or the specific provision of the lease.

Also, the customary ceiling on late fees (although not statutory) is 1/2 of the month's rent therefore, you MAY have recourse under the Deceptive Trade Practices - Consumer Protection Act . Only a local attorney can advise you on this issue.
 

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