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Brandysue10523 · Jul 7, 2014, 10:33 AM

Hello, I recently have been charged 450.00 in eviction fees by my rental company however I have not actually been served legally by probate Court. I tried to give them all my rent that was due excluding the 450.00. They would not except it. Should I have to pay the 450.00 without actually being served

ScottGem · Jul 7, 2014, 10:59 AM

Well here is the thing. I'm guessing they served you with a pay or quit notice. Which gave you x days to pay in full or vacate. They are adding $450 for the costs of processing the start of the eviction process. This charge may be spelled out in your lease or it may be illegal. Without knowing where you are or what your lease says we can't tell.

But, they do not have to accept anything less then what they consider full payment. If you want to refuse to pay (or can't), then they will take you to court for an eviction order. You can then argue in court that you were ready to pay (and submit proof like put the money in a separate account) but didn't think the $450 was a valid fee. You could lose, in which case, you will have an eviction on your record.

Brandysue10523 · Jul 7, 2014, 11:22 AM

I have a money order made out to them for the amount due last month, June, which was 625.00 plus 275.00 in late fees. I really wasn't served with the 450.00. It was sent to me in an email added to my "ledger" for legal/professional fees. I've tried to get corporate to give me an answer since the branch office would not accept my payment. However no one has returned my calls. Doesn't 450.00 sound a little high? Thank you for your prompt feed back!

ScottGem · Jul 7, 2014, 11:57 AM

Yes it does sound high, but it may be a standard fee and, like I said, referred to in your lease. For that matter $275 sounds huge for late fees, especially on a rental of $625, that's over 40%! So I would suspect that you have been chronically late and they finally got tired of it.

But what you or I think about that is immaterial. They can refuse to accept anything less than payment in full. So either you pay them or take your chances in court. You might want to talk to a local real estate attorney about the legality of those fees. You could pay, then sue for overcharging to try and recover your money.

AK lawyer · Jul 7, 2014, 02:53 PM

however I have not actually been served legally by probate Court.

I kind of doubt it's a "probate" court. Probate is concerned with wills and decedents' estates. Evictions normally are something else.

Fr_Chuck · Jul 7, 2014, 09:29 PM

Depends on where you live, Probate does evictions in some states.

In Georgia for example: All probate court judges administer oaths of office and issue marriage licenses. They may hold habeas corpus hearings or preside over criminal preliminary hearings. Unless a jury trial is requested, probate court judges may also hear certain misdemeanors, traffic cases and violations of state game and fish laws in counties where there is no state court. When authorized by local statute, probate judges serve as election supervisors and make appointments to certain local public offices.