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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 56549
Experience:  Experience representing landlords and tenants.
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I am a tenant at Mansions of Mansfield Apartments. I paid

Customer Question

I am a tenant at Mansions of Mansfield Apartments. I paid the majority of my rent (monthly rent 1472.67 .00 by 10/3/2016 in the the amount of $1200.00 due to my bank retaining some of my check until 10/6/2016. I informed the management office of Mansions of Mansfield of delay of remaining rent via letter on 10/3/2016. I did not receive any response from the management office of any problem with remaining rent payment. When I went into office to pay the remaining balance of $272.67, I informed them I have ,in good faith, included $10.00 (provided money order of $282.67) to balance as result of the delay as mentioned in letter provided. The management office clerk informed me that they placed a late charge of $75.00 on 10/4/2016+ late fee of $10.00 on 10/5/2016+late fee of $$10.00 on 10/6/2016+$10.00 late fee on 10/7/2016= $105.00 of late charges. As mentioned I provided the due balance of $282.67 on 10/7/2016. I just received a Letter on my door on 10/13/2016 stating I currently have of balance of due in the amount of $144.67. Letter stating,... "Please pay this amount immediately to avoid any additional charges. late fees begin on 10/4/2016 on any balance over $50.00. To avoid any other fees pay balance no later than 10/14/2016." Now, 10/14/2016 is today, am I required to pay these additional fee after they have received rent balance on 10/7/2016. Are late fees allow to continuously accrue after Rent balance is paid?
JA: Because laws vary from place to place, can you tell me what state the property is in? You just pay a $5 deposit now and the rest only when you get a reply from the Landlord-Tenant Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: 400 N. State Highway 360,Mansfield, Texas 76063
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: As stated in lease agreement, "If you don't pay all rent on or before the 3rd day of the month, you'll pay an initial charge of $75.00, plus a daily late charge of $10.00 per day after the date until the amount due is paid in full Daily charges cannot exceed 15 days for any single month's rent. We won't impose late charges until at least the third day of the month."
JA: Anything else you want the lawyer to know before I connect you?
Customer: What should I do pay the total amount or What? Today is stated to be my deadline.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 9 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 9 months ago.

As a general rule courts do not favor and often do not enforce late fees, especially if they bare no relationship to the rental amount or violation and are excessive.

That said, the fees need to be covered in a lease. Even if covered and reasonable, once rent is paid, such fees stop to accrue.

If LL wrongly seeks to violate any of the above, you can object and if needed pursue the issue in court.

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