Watch video on maximum rents
A landlord can charge any amount he wishes for rent. There
are no limits to increases, as long as the lease is expired
(or will soon expire) and a proper notice is given. See
"Changing Terms in the Middle or End of a Lease."
Generally, rent is due on the first day of the month. Many
leases provide a "grace period" in which rent can be paid
late without penalty. Always get receipts and keep them as
long as you live there, especially if you pay by cash or
money order. If a landlord claims he did not receive a
money order from you (and you do not have a receipt), you
can run a "trace" on the money order to determine who may
have cashed it by contacting the company that issued the
money order. If any of the landlord's employees cashed it,
or you can prove you properly deposited the payment in the
office, you are probably not responsible for the rent. It
may take several weeks, so be sure to start the process
quickly. Sometimes a money order company will replace money
orders that have not been cashed after a few months.
Watch video on the importance of rent
receipts
A landlord must accept cash rental payments, unless the
written lease provides otherwise. If you pay your rent in
cash, your landlord must provide you with a written
receipt. The landlord must also keep a record of the date
and amount of each cash payment. If a landlord fails to
provide receipts or keep a record book, you can file suit,
and you may be entitled to a court order that: (1) directs
the landlord to comply with the law; (2) awards you the
greater of one month's rent or $500 for each violation; and
(3) awards you court costs and reasonable attorney's fees.
A landlord can refuse to take personal checks if it is in
your lease.
Watch a video on landlord's ability to
specify in what form rent is paid
A landlord can charge a reasonable late fee if you pay rent
after the due date and any grace period according to your
lease agreement. If you do not pay your rent on the due
date (or beyond the grace period), the landlord usually has
the discretion to either terminate the lease agreement or
accept the rent and the appropriate late fee. If you offer
to pay the rent and appropriate late fee, and the landlord
refuses to accept it and demands that you vacate, you may
still have a chance in court. You should read the lease
carefully and argue that you offered to cure the problem
according to the lease. A court may also consider your rent
to be paid on time if you have established a clear and
undisputed pattern of acceptance of late payment by your
landlord. You should argue that if your landlord no longer
wished to accept late payments, she should have given you
some advance notice. See "Termination for Tenant Breach."
If a landlord ever refuses to accept your rent, be sure to
offer the money in person and with a witness (never just
over the phone). Obviously, relying on a judge to rule in
your favor in an eviction case is often not the best
choice. If you lose in court you may not have very long
before you have to move, and you will have an eviction suit
on your record. Even if you win in court the relationship
with your landlord will be strained. Sometimes it is best
to consider complying with the landlord's request to vacate
especially if the landlord will allow you out of the
remaining term of the lease, and will refund your deposit.
A late fee should not be more than $35 for being just one
day late in a typical lease where rent is $400 per month,
although there are no specific legal limits. Landlords can
also charge additional fees for each day the rent is late.
Generally, the total amount of late fees in any one month
should not be more than half a month's rent. But again, a
court could consider higher fees to be acceptable or lower
fees to be unacceptable, there is no sure answer. A
landlord sometimes deducts late fees from a tenant's rent
and then claims the tenant is behind on rent again. Then
the landlord charges late fees all over. There are no state
laws that specifically address these activities. However, a
landlord may be in violation of the Deceptive Trade
Practices Act if the landlord charges extremely excessive
late fees. A court also may also refuse to evict a tenant
if the tenant has refused only to pay an unreasonable late
fee. [Tenants in Section 8, government-owned or -subsidized
dwellings have strictly monitored rent that varies with
their income level and have additional protections for
unfair late fees.]
However, a landlord cannot deduct late fees from rent
payments and then threaten some other action like a
lockout, landlord lien, or electrical shutoff for
nonpayment of rent. A landlord is severely restricted in
using these remedies, and they only are available when the
tenant is actually behind on rent. A landlord may have
provisions in the lease agreement allowing late fees or
some other fee to be deducted first; however, the landlord
cannot use this provision in order to claim nonpayment and
use one of the self-help remedies described above. A lease
provision used in this manner is void according to the
Texas Property Code. For a detailed discussion of these
self-help remedies see "Lockouts," "Landlord's Right to Remove Property,"
and "Utility Disconnection."
Withholding rent
Your landlord can be awarded actual damages plus other
statutory penalties (and he can probably terminate your
rights to possession and evict you) if you withhold any
portion of your rent without an agreement, unless:
(1) you first obtain a court order permitting you to do so;
(2) if you have properly repaired and deducted as described
above; or
(3) if you have lawfully terminated your lease because of
the landlord's unlawful behavior with regard to repairs
(and you are using your deposit as rent) as described
above, or your utilities have been terminated improperly.
If you improperly try to use your deposit as rent you can
also be penalized for three times the amount you withheld.
Therefore, only tenant organizations at your complex with
large numbers and an extreme commitment should consider
such a serious and risky tactic.