I recently moved into an apartment in Texas and in the lease there were stipulations that a $25.00 late fee was to be charged if rent wasn't paid by the fourth of the month (as rent is usually due on the 1st of the month) and then a $5.00 late fee added per day after the 4th of the month. My problem is that I was late one month on paying the rent and when I explained that I could only pay the rent itself but would like time to make up the accrued late fees that month, it became a total mess. Since then, every time any payment is made to the landlord towards the rent, she has chosen to apply it towards the late fees already built up which in turn, continues to keep me in default for the rent again. Is there not a law or rule that can limit how much can be charged in any given month that the full rent payment isn't made and is there not something to prevent the payments that are being made each month (to go towards rent) from being deducted as late fees first...then whatever remains getting applied to the monthly rent? I hope you can help me clarify this issue soon since she has already informed me that she intends to file for eviction and handed me a Notice to Terminate Tenancy that was dated the last time I made a payment to her that she simply applied towards past late fees which is going to once again, place me in arrears for the current month's rent?