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If you are renting an apartment without a lease can the land lord charge late charges in Texas

renting , no lease for 2 yrs rent is always paid within the month yet landlord wants to impose late fee yet he is not consistent with how much they are from time to time

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1 - If you do not have a rental agreement (and never had one) ... there is no certain date you have to pay rent by, so the landlord can't charge a late fee.

2 - If you had a lease, but are now on a monthly rent basis because you are beyond the term of the lease (it was for 1 year, and you are going on 2 years without a new lease) ... the old date applies, and the landlord can charge late fees if you pay after that. However, the landlord can only charge the fee stated in the old lease.

3 - The late fees can vary if there is a written agreement stating fees will be charged on a daily basis. Example: 1 day late = $5 fee ... 2 days late = $7 fee ... etc.

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yes, you already established that understanding when contract was active

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You do realize that that most people have to pay rent on a date certain each month? It's not like everyone can pay rent any day during the month that they choose.

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The lease contract will usually allow the landlords to charge tenants a fee for late payment of rent. The fee is either a set amount or a percentage of the rent. Make sure you read the lease agreement and identify if there are any late charges. For details, visit http://www.ilawyertexas.com/legalinfo.asp?level=3&id=389.

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Thanks for your input but we never had a written lease agreement. I do appreciate your help though. :-)
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