Legal Question in Landlord & Tenant Law in Texas

Eviction for Late Fees

I have been given an eviction notice stating I have not paid rent but when I questioned my landlord he stated that my rent was current but that I had a balance for unpaid late fees. My question is can someone be evicted for late fees? Can the landlord call the late fees rent to have someone evicted?

Thanks very confused and concerned...


Asked on 2/27/06, 2:39 pm

1 Answer from Attorneys

Sharon Campbell Sharon K. Campbell
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Re: Eviction for Late Fees

Technically, they cannot evict you for failing to pay late fees. What they will do, and you need to read your lease to see if the lease allows it, is claim that the first monies that come in are applied to late fees, making the unpaid balance unpaid rent. If you have receipts, cancelled check or copies of money orders showing that you have paid the actual rent, if you show those to the judge, you have a very good chance of winning.

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Answered on 2/27/06, 4:23 pm

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