Landlord and late fees
I was short on January’s rent and the landlord told me what to pay in amount + late fees. I paid that.
Then I paid Feb rent Jan 30th. Today he emailed me and pointed this out in the lease:
Application of Funds: Regardless of any notation on a check, Landlord may apply funds received from Tenant first to any non-rent obligations of Tenant, including but not limited to, late charges, returned check charge, repairs, brokerage fees, periodic utilities, pet charges, and then to rent.
However I pointed out:
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.
He’s now said I’m behind on Feb rent starting tomorrow if I don’t give him another $380 dollars in late fees and that starts tomorrow 50 + 20 ea addtl day.
TX doesn’t have a limit on late fees, can’t afford to shell out $380 dollars more. What should I do?
He’s saying there are more fees for Jan. but I paid what he told me too.