When a lease goes month-to-month, do the basic rules such as late fees still apply?

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When a lease goes month-to-month, do the basic rules such as late fees still apply?

My tenant feels she does not have to pay late fees since the lease went month-to-month.

Asked on April 15, 2012 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

The late fees are still applicable.  When the lease became month-to-month, all provisions and terms of the lease were still effective except of course for the length of the tenancy.  Future changes in the provisions of the month-to-month lease such as a rent increase would require thirty days written notice.  Unless there has been some change in the terms requiring thirty days written notice, the terms and provisions of the original lease remain in effect.


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