Can rental contract exceed state allowed limits?

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Can rental contract exceed state allowed limits?

My lease contract says that I will have to pay $50 fee for returned checks. However, I read on a state website that the fee for returned checks cannot exceed $30. In this case, can my landlord charge me $50 even though limit is $30?

Asked on December 7, 2016 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The contract can't violate state law. You have a defense to enforcement of the contract because that provision violates state law. 
Your landlord needs to amend the lease by changing that returned check fee to $30 to comply with state law.


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