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.
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.
Cheryl Rivera Smith
The Smith Law Firm
11660 Creek Point Drive
Frisco, TX 75035-8278