[b]Welcome to Texas, DoubleFeed![/b] [:D]
You've come to the just the right place, so step into my office and have a seat.
Yes, [u]if[/u] you have signed a lease that permits a 'fine' then the apartment management company has the right to collect a fine.
Now, most standard Texas residential lease contracts DO NOT contain a clause that would permit fines.
And why is that? Well, a fine is in the nature of a forfeiture, and, as we all know, 'forfeitures are abhorred at law.'
What your lease [u]probably[/u] provides is a reimbursement clause that permits the management company to recover any expenses that it might incur in 'cleaning up' after you or your dog, or whatever.
There is also likely to be a 'termination' clause that permits them to terminate the lease in the event that you commit 'waste' at the leased premises. 'Waste' can include the act of not properly cleaning up your apartment!
Now, with all that said, the amount of the fine that may be charged (if the lease contract permits it) cannot be unreasonable, either in amount or in the conditions in which it is applied. If it is, you can sue to recover any unreasonable fine in a court of law.
But I can truthfully say, that in all my years of practicing in real estate law in Texas, I have never seen an instance where anyone was ever 'fined' by an apartment management company for any reason.
So if the right exists, it is a very seldom used remedy in the realm of apartment leases.
As my last piece of sage wisdom in this area, let me impart to you everything that you will ever need to know about apartment leases, deeds of trust, mortgages, retail consumer security agreements, and security agreements for the purchase or lease of motor vehicles.
And you will always remember it, because it is in the form of a rhyming couplet:
[b]'If you pay, you stay, if you don't, you won't!'[/b]
Now, it's been a pleasure meeting with you, the secretary outside will present you with a bill for today's consultation.
Have a good day. [:D]
Eric The(YouDidBringYourCheckbookDidYouNot?)Hun[>]:)]