Comments on: Austin renters to pay more late fees with new law http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/ Austin Real Estate Blog Wed, 08 Feb 2012 19:40:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Steve Crossland http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-32620 Steve Crossland Mon, 08 Sep 2008 16:48:31 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-32620 JP, If your lease was signed before Jan 1, 2008, it is not subject to the new law. If it was signed or renewed after Jan 1, 2008, the new law applies. The Austin Tenant's Council has free assistance if you feel like your property manager is not treating you in accordance with your lease or the law. The website is <a href="http://www.housing-rights.org/" rel="nofollow">Austin Tenant's Council</a> Good luck, Steve JP,

If your lease was signed before Jan 1, 2008, it is not subject to the new law. If it was signed or renewed after Jan 1, 2008, the new law applies.

The Austin Tenant’s Council has free assistance if you feel like your property manager is not treating you in accordance with your lease or the law.

The website is Austin Tenant’s Council

Good luck,

Steve

]]> By: JP http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-32614 JP Mon, 08 Sep 2008 16:39:17 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-32614 Hi Steve, My rent was due 1st September ( Labor day ) Made payment on 3rd as office was not manned. Got hit with a $75 late charge along with 11 others at the complex on the 3rd. Lease was sihned after Jan 1st 08, is this a violation of HB 3101 ? Hi Steve,
My rent was due 1st September ( Labor day ) Made payment on 3rd as office was not manned. Got hit with a $75 late charge along with 11 others at the complex on the 3rd. Lease was sihned after Jan 1st 08, is this a violation of HB 3101 ?

]]> By: Steve Crossland http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-804 Steve Crossland Fri, 14 Mar 2008 13:19:35 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-804 Hi Tom, The old late fee policy can remain in place until your pre-Jan07 lease expires and is renewed. At that time, your new lease will have to have the new late fee policy. Some landlords are simply making the rent due "two days before the first", thus still charging late fees on the 2nd as before. Steve Hi Tom,

The old late fee policy can remain in place until your pre-Jan07 lease expires and is renewed. At that time, your new lease will have to have the new late fee policy. Some landlords are simply making the rent due “two days before the first”, thus still charging late fees on the 2nd as before.

Steve

]]> By: Tom Hines http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-805 Tom Hines Fri, 14 Mar 2008 13:18:02 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-805 I found a reference to Texas Property Code, Section 92.019 but I can't find any online documents. I found a reference to Texas Property Code, Section 92.019 but I can’t find any online documents.

]]> By: Tom Hines http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-803 Tom Hines Fri, 14 Mar 2008 12:56:29 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-803 May apartment complex has billed me a $40 late fee for paying my rent on March 2, which was a Sunday. Do you have a reference link for the two day grace period statute? May apartment complex has billed me a $40 late fee for paying my rent on March 2, which was a Sunday. Do you have a reference link for the two day grace period statute?

]]> By: John http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-802 John Tue, 18 Dec 2007 00:33:51 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-802 I disagree with this. I have been the victim of a shady landlord before who created damage in my apartment after I moved out to keep a $1500 deposit. In addition, he would only accept rent payments on the 1st before 5pm in person. Those of us who worked till 5 were screwed. No matter if we were 5 minutes late and he was still in the office, we were charged late fee's. As honorable as some, or most, may be, there are still criminals who get their hands on money and find legal ways to rip people off. I disagree with this. I have been the victim of a shady landlord before who created damage in my apartment after I moved out to keep a $1500 deposit. In addition, he would only accept rent payments on the 1st before 5pm in person. Those of us who worked till 5 were screwed. No matter if we were 5 minutes late and he was still in the office, we were charged late fee’s.

As honorable as some, or most, may be, there are still criminals who get their hands on money and find legal ways to rip people off.

]]> By: Steve Crossland http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-800 Steve Crossland Fri, 17 Aug 2007 18:20:04 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-800 Hi Enoch, A "pay or quit" won't actually hold up in JP Court. In Texas, a notice to vacate must be unconditional unless you've sent a prior demand for payment. I always send a late notice on the 4th, even with no grace period, and an eviction notice by the 8th or 10th. It's rare that an evistion cannot be accomplished before the end of a month on that timeline. But I haven't had to perform an eviction in several years. Steve Hi Enoch,

A “pay or quit” won’t actually hold up in JP Court. In Texas, a notice to vacate must be unconditional unless you’ve sent a prior demand for payment.

I always send a late notice on the 4th, even with no grace period, and an eviction notice by the 8th or 10th. It’s rare that an evistion cannot be accomplished before the end of a month on that timeline. But I haven’t had to perform an eviction in several years.

Steve

]]> By: Enoch http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-799 Enoch Fri, 17 Aug 2007 17:19:10 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-799 I've never offered a grace period until now...rent's late after 9:00 p.m. the 1st. Thank you for writing about this new law...first I've heard of it! However, I will keep doing a technique I learned from a very experienced landlord...the day after the rent is due (i.e., the 2nd of the month), I present a "Pay or Quit" notice...the first step in an eviction process. This gives me the fastest possible eviction should it prove necessary (hopefully not) and gets the tenant's attention as well. So with the new law, my tenants will be served with notice to pay or leave before they even incur a late fee! Wonder how long it will be until some legislative genius mandates a waiting period for a "Pay or Quit" notice :-P ? I’ve never offered a grace period until now…rent’s late after 9:00 p.m. the 1st. Thank you for writing about this new law…first I’ve heard of it!
However, I will keep doing a technique I learned from a very experienced landlord…the day after the rent is due (i.e., the 2nd of the month), I present a “Pay or Quit” notice…the first step in an eviction process. This gives me the fastest possible eviction should it prove necessary (hopefully not) and gets the tenant’s attention as well. So with the new law, my tenants will be served with notice to pay or leave before they even incur a late fee! Wonder how long it will be until some legislative genius mandates a waiting period for a “Pay or Quit” notice :-P ?

]]> By: Michele http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-798 Michele Fri, 17 Aug 2007 03:31:07 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-798 I want to thank you for writing this. I printed what you blogged about to show to someone. I want them to understand what kind of racket is created with the grace period. I always pretended the grace period did not exist and paid ahead of time and have the spotless rental history I have today. That shows any future landlord, beyond a shadow of a doubt, that rent comes first in my mind. If one goes by the grace period and waits to pay rent, they not only pay more, they also get a bad rental history and may not find it easy to rent a place in Austin, Texas. Bad rental history and bad credit has put a lot of people on the street. In the paragraphs of the typical lease, no where does it tell people that if they are late in paying that it also gives them a bad rental history. I want to thank you for writing this.

I printed what you blogged about to show to someone.

I want them to understand what kind of racket is created with the grace period.

I always pretended the grace period did not exist and paid ahead of time and have the spotless rental history I have today.

That shows any future landlord, beyond a shadow of a doubt, that rent comes first in my mind.

If one goes by the grace period and waits to pay rent, they not only pay more, they also get a bad rental history and may not find it easy to rent a place in Austin, Texas.

Bad rental history and bad credit has put a lot of people on the street.

In the paragraphs of the typical lease, no where does it tell people that if they are late in paying that it also gives them a bad rental history.

]]> By: Phil http://crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-801 Phil Mon, 30 Jul 2007 01:04:41 +0000 http://ben.crosslandteam.com/blog/2007/07/29/austin-renters-to-pay-more-late-fees-with-new-law/#comment-801 It will be interesting to watch the outcome of this in the crossland microcosm of the market. Please give us updates in 08 to see how it's all coming out. It will be interesting to watch the outcome of this in the crossland microcosm of the market. Please give us updates in 08 to see how it’s all coming out.

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