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In Texas, a landlord can charge a late fee if:

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Question & Answer

Review the question and all answer choices

A

The lease allows it

Correct Answer
B

Always, regardless of lease terms

Landlords cannot charge late fees regardless of lease terms because Texas law requires explicit authorization in the written lease agreement for such charges to be enforceable.

C

Only for commercial properties

Late fee rules apply to both residential and commercial properties in Texas, not just commercial ones. The requirement for lease authorization is universal across property types.

D

Never

Landlords can charge late fees in Texas, but only when they are properly documented in the lease agreement. The option is incorrect because it suggests late fees are never allowed, which contradicts Texas law.

Why is this correct?

Late fees must be authorized in the lease agreement to be enforceable.

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