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Old 08-20-2014, 08:15 AM
 
300 posts, read 395,457 times
Reputation: 218

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Quote:
Originally Posted by STT Resident View Post
I'm not sure why you're bothering to argue a point which only you brought up and is based on misinformation and a hypothesis. The OP asked a question which was answered in accordance with the mandates of current state landlord tenant laws. If those same laws exist in the state in which you reside and you disagree with them then you can seek to change them.
Bed you padon. State usury laws are not misinformation and hypothesis.
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Old 08-20-2014, 08:26 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 65,003,163 times
Reputation: 26620
Quote:
Originally Posted by blu4u View Post
Bed you padon. (?) State usury laws are not misinformation and hypothesis.
You already alleged in Post #21 that, "more and more states are considering late fees, re billing fees, what-ever fees which are applied to past due invoices, monthly rents, etc as "a form of interest"."

Your argument is moot and off topic since these are specifics being considered and are not law.
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Old 08-20-2014, 08:38 AM
 
300 posts, read 395,457 times
Reputation: 218
All law in TX, MA, CA ,and many others. Additionally look at federal truth in lending...

I wonder how many tenants show up in small claims equiped with knowlegde about thier particular state's usury celling? It's in LL best interest to keep that info from the tenant.
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Old 08-20-2014, 09:00 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 65,003,163 times
Reputation: 26620
Quote:
Originally Posted by blu4u View Post
All law in TX, MA, CA ,and many others. Additionally look at federal truth in lending...

I wonder how many tenants show up in small claims equiped with knowlegde about thier particular state's usury celling? It's in LL best interest to keep that info from the tenant.


Texas Tenant Advisor

On this same link and reference your assertion (emphasis mine):

"Limit on Late Fees Not Specific, But Spell Out the Test
The Texas Legislature recently placed a limit on late fees that is not specific: a landlord can only charge a late fee so long as it is a "reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation that result from late payment of rent". Section 92.019, Property Code. The late fee must be based on some damage to the landlord -- that is key. If a landlord has not been harmed at all, then no fee should be allowed. If there is a $50 fee for being late (past the grace period), that might be acceptable depending on the amount of the rent, what the landlord has to do each month to collect rent from tenants, how much it costs the landlord for tenants to pay late, and other factors. Clearly, many landlords hope tenants pay a little late each month because late fees can really add up. If a judge were to agree that the fee is too high, you are entitled to $100, three times the amount of the illegal fee charged, court costs and attorney fees.
(Note that a lease is not a loan of money. Usury laws, which put limits on interest rates and fees for loans do not apply to leases.)
"
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Old 08-20-2014, 12:43 PM
 
8,648 posts, read 16,290,119 times
Reputation: 4602
Quote:
Originally Posted by blu4u View Post
Good. Tell that to the judge...when you bring bring your tenant into small claims court.... Let us know how it works.
Small claims court has nothing to do with the state !!!!!!!
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Old 08-20-2014, 12:48 PM
 
8,648 posts, read 16,290,119 times
Reputation: 4602
Quote:
Originally Posted by blu4u View Post
All law in TX, MA, CA ,and many others. Additionally look at federal truth in lending...

I wonder how many tenants show up in small claims equiped with knowlegde about thier particular state's usury celling? It's in LL best interest to keep that info from the tenant.
I'd like to know where you went to law school.....
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Old 08-20-2014, 12:54 PM
 
8,648 posts, read 16,290,119 times
Reputation: 4602
Quote:
Originally Posted by blu4u View Post
All law in TX, MA, CA ,and many others. Additionally look at federal truth in lending...

I wonder how many tenants show up in small claims equiped with knowlegde about thier particular state's usury celling? It's in LL best interest to keep that info from the tenant.
https://www.texasattorneygeneral.gov...er/loans.shtml

Go pull out the part about late fees on rent being a usury......
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Old 08-20-2014, 02:04 PM
 
Location: Tampa (by way of Omaha)
14,255 posts, read 21,111,306 times
Reputation: 9835
Quote:
Originally Posted by Houston3 View Post
Until the state pays my property taxes on my rental they need to stay out of my business !
Interesting. So you don't think landlords should be subject to any regulation?

Quote:
Originally Posted by Houston3 View Post
Small claims court has nothing to do with the state !!!!!!!
Actually they are usually state mandated institutions that are run at the county level so yes, they do have something to do with the state.
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