Contract terminated due to unsafe living conditions, do I pay late fees?

UPDATED: Sep 30, 2022

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Contract terminated due to unsafe living conditions, do I pay late fees?

The rental home were I was living at did not have proper ventilation for AC. I have a special needs daughter who was constantly getting infections on her feeding tube due to the hot temperature at the property. Her constant sweating and discomfort forced us to move out of the property. The contract was terminated and we moved out on the 9th day of the month. We did not pay rent for the 9 days of the month. The landlord will charge the late fee stipulated on the contract, it will be deducted from the security deposit along with the pro-rated fee for the 9 days. It is not fair that we have had to find a new property, pay new deposit at the new property, pay moving fees and still get charged with late fees at the old property. Please help.

Asked on August 9, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you were there fore 9 days of a month, you had to pay rent for that time; if you paid that rent late (and not paying it all is, by definition, to pay it "late") and the lease provides for late fees, you have to pay them. This is not a mater of fairness; it is simply contractual matter, since the lease is a contract, and you need to pay late fees when indicated by the contract.

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