Tenant claims late fee clause of lease is invalid

[Dan N.]

Hi BP,

This month I have had my first late rent (two tenants, actually). I sent a firm reminder email right after midnight asking if everything was OK and summarizing the lease's late fee schedule.

This morning, one tenant responded:

Some background: A property manager put this tenant in place over 2 years ago. The lease was renewed after the original lease expired. After renewal, I decided to start managing the property myself. I gave the tenant bank direct deposit info to pay rent directly into the bank so I didn't have to deal with postage (or hopefully bounced checks). I can't find my notice where I informed them of the new payment method

I reviewed the Texas Property Code Sec. 92.019 governing late fees and I don't see anything relevant. http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.92.htm

Can anyone suggest a reason why this might be valid? I will be asking for clarification about why the tenant thinks this and I will consult my attorney, if needed to clarify.

Thanks in advance,

Dan