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Hi, I had a couple of late payments to my landlord 16 months ago. She never mentioned them or tried charging me for them until after I moved out a month ago. Now she wants to charge for the late payments. However, she claims that because I didn't pay the late fees when they were due, that I was therefore delinquent on all subsequent rent payments. Her reasoning is that the subsequent rent payments were applied to the late penalty before they were applied to the next month's rent. Now she is claiming I owe her late penalties for hundreds of days as a result. Is this legal? My contract says she can charge late fees ($10/ day) but it seems wrong of her to claim that all payments since the late payments were delinquent over a year ago, and she never tried to tell me about them. Does anybody know if Texas prohibits or allows landlords to do this, especially when it takes the landlord over a year to pursue the fees?
I'm in Texas BTW.
Last edited by guacamoley; 10-29-2017 at 03:14 PM..
Reason: typo
Hi, I had a couple of late payments to my landlord 16 months ago. She never mentioned them or tried charging me for them until after I moved out a month ago. Now she wants to charge for the late payments. However, she claims that because I didn't pay the late fees when they were due, that I was therefore delinquent on all subsequent rent payments. Her reasoning is that the subsequent rent payments were applied to the late penalty before they were applied to the next month's rent. Now she is claiming I owe her late penalties for hundreds of days as a result. Is this legal? My contract says she can charge late fees ($10/ day) but it seems wrong of her to claim that all payments since the late payments were delinquent over a year ago, and she never tried to tell me about them. Does anybody know if Texas prohibits or allows landlords to do this, especially when it takes the landlord over a year to pursue the fees?
I'm in Texas BTW.
Sure. Utilities bill in such manner. Late fees are applied before payment. You have a running balance that keeps piling up latecfees. You're paying late fees before the rent.
Sometimes a tenant may not be aware a landlord has even charged a tenant a late fee, or sometimes a tenant disputes whether the rent was late. Being the greedy people that they are, some landlords deduct a late fee from the tenant's rent and then claim the tenant is behind on rent again the next month. Then the landlord charges late fees again. You may wish to challenge this practice.
Last edited by Corn-fused; 10-29-2017 at 06:28 PM..
Sure. Utilities bill in such manner. Late fees are applied before payment. You have a running balance that keeps piling up latecfees. You're paying late fees before the rent.
Then he should have pursued the fees when they were due rather than waiting a year without saying anything, no? If I were paying the utility companies late, they would have told me quickly about the late fees rather than waiting over a year.
Then he should have pursued the fees when they were due rather than waiting a year without saying anything, no? If I were paying the utility companies late, they would have told me quickly about the late fees rather than waiting over a year.
Then he should have pursued the fees when they were due rather than waiting a year without saying anything, no? If I were paying the utility companies late, they would have told me quickly about the late fees rather than waiting over a year.
Yup. They should of notified you that you are being charged in such manner or this is their way of charging and actively pursued you for the late fees. I know utilities do it that way. I had a buddy who was always late and never paidcthe full amount so his utility bill was always high. They just tacked on late fees and the amount owed. You already knew there are late fees. Since she didn't say anything and accepted the rent basically it becomes a acceptance of rent due.
It's really a bush league tactic to come back and attempt to charge you umpteen late fees months or a year later. Especially with no actual notice. So yes I absolutely agree the LL should of told you. I either charge a late fee or I don't. But I tell my tenants if they are going to get charged fees.i don't hide it and then months later say you owe me x in late fees. Renting is hard enough without playing with tenants the late fees game.
I don't have time to f around with it. I'll charge it if it becomes a habit for the tenant to pay late. I'll talk to them initially and if it continues I'll start tacking on late fees. Not because I really need the $50. I eould rather just get the rent on time or within the grace period. FYI I can't remember charging late fees. I may of done it once or twice in 23 years.
I suspect that late fees are in your rental agreement so it is not like you weren't told.
You can prevent the problem in the future by always paying your rent on time.
That's a bit snarky.
And frankly, her trying to collect them now and applying them consistently with apparently no notice is frankly predatory.
I would write a certified letter telling her to you-know-what off. It isn't like an energy bill where every month, I see what I owe including any late fees and notice it piling up. Had the LL consistently sent reminders or statements of account or whatever it would be a bit different.
And frankly, her trying to collect them now and applying them consistently with apparently no notice is frankly predatory.
I would write a certified letter telling her to you-know-what off. It isn't like an energy bill where every month, I see what I owe including any late fees and notice it piling up. Had the LL consistently sent reminders or statements of account or whatever it would be a bit different.
Yep, totally agree and you're right, that comment was snarky.
And frankly, her trying to collect them now and applying them consistently with apparently no notice is frankly predatory.
I would write a certified letter telling her to you-know-what off. It isn't like an energy bill where every month, I see what I owe including any late fees and notice it piling up. Had the LL consistently sent reminders or statements of account or whatever it would be a bit different.
Yeah, that is about as slimy as any LL can possibly get by letting those few late fees continue to carry over and accumulate like that without ever addressing it with the OP and then hitting them with all of the bloated charges once they move. I would love to see the judge eat them alive after pulling that kind of crap. I wouldn't doubt that a judge would even award extra damage to the OP for that if it ever went in front of them.
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