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    mosmama's Avatar
    mosmama Posts: 7, Reputation: 1
    New Member
     
    #1

    Mar 12, 2007, 11:57 AM
    Being Evicted For Legal Fees
    I was late on my rent 12 days and the landlord sent it to their attorneys. They told me I'd have to pay legal charges. I went in the night before I got paid to get the exact amount owed, because they would only take a money order in payment. They said a specific amount, which included $75 legal fees, and in addition, wrote it down for me. I came in the next day with a money order in the amount they specified. Now, two weeks later, they tell me I have to pay an additional $425 in legal fees because they didn't know how much it was until the day after I paid, even though they had given me a specific amount. Because they accepted my payment, can they now change their mind and demand more? They refuse to stop the legal process of eviction until I pay it.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
     
    #2

    Mar 12, 2007, 12:46 PM
    If you still have the paper they wrote the exact amount on, probably not. You need to advise them in writing that you paid the amount they required. If you know the attorney firm, send them a copy of the letter you write to the landlord.

    Next time, pay the rent on time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Mar 12, 2007, 12:55 PM
    Did they write it down on firm stationary? If not, it may be harder to prove. On the other hand, if this is the first time you have been late, let them take you to court. Its unlikely the judge will grant them an eviction under the circumstances.
    landlord advocate's Avatar
    landlord advocate Posts: 283, Reputation: 36
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    #4

    Mar 12, 2007, 02:12 PM
    Whether the landlord knows it or not, he STOPPED the legal action when he accepted the rent that was owed. Accepting rent always stops an eviction process. If the landlord's attorney wants to stand there and tell the judge that his client wants you evicted for "non-payment" make sure you have the copy of the money order to show that the rent is paid. As far as the other amount... this was probably to cover the cost of filing the eviction and the hourly rate of the attorney. It is something you will probably have to fight when it is time to get the security deposit back. The only person that can assign legal fees is the judge or magistrate; however, some landlords have other names for the additional charged and charge them anyway.

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