Landlord Question and Answer Forum
I have a rental in Texas. The tenants have been late every month since executing the lease. They, as of this month, owe $160 in late fees. The lease states I am allowed to take portions of the rent to pay for the late fees first then apply the rest to rent. Can I evict for non-payment of late fees? If I apply the late fees to the monies received for rent then they never pay the rent in full according to the contract. If this is the case can I evict for not paying the rent in full?
John W, TX on Thursday, January 7, 2010
RE: Eviction for non-payment of late fees
If your lease says that rents received will be applied first to late fees or other charges and the remaining balance applied to rent, then they have already paid your late fees and are late on rent. But I'm confused by "... The lease states I am allowed to take portions of the rent to pay for the late fees first then apply the rest to rent...." What "portion" or is this a paraphrase? Have you discussed with tenant? Kind of cold right now to be looking at turning over. Check your state laws for Pay or Quit Notices for Texas.
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