Landlord trying to evict me. Need advice, please help!?

Question

My landlord posted a three day notice on my door. One day after the three day notice was posted on my door there was a "Final" notice posted on my door stating my file would be turned over to legal if the rent wasn't paid by 3 o'clock that day. My landlord ended up sending it and filing an unlawful detainer complaint on me. I responded and put proof (the two notices)in my answer that they broke the landlord tenant laws by not giving me the proper three days.Now I dont have a problem paying the rent due but now they want me to pay their legal fees of $600 because of their previous mistake. I don't think thats fair and they won't take the past due rent without the legal fees.

They knew they messed up so they issued me a new three day notice (while the other case was still open) they gave me three days and when I still didnt pay because they added on the $600 in legal fees they dismissed the other case without prejudice (without going before the judge) and filed a brand new complaint, is that legal?

I just feel like i'm being treated unfairly and I want to go before a judge. I'm not trying to flake out on rent, i'll pay them their money but i'm not gonna pay $600.00 in legal fees when they messed up. Any advice? Is what they did legal?

Answer 1

About the only person who will sort out this mess is an ATTORNEY .

My advice is to get one even if you go thru Legal Aid and do it ASAP .

Answer 2

You need to check the landlord tenant laws in your state.  It's possible that they are completely within their rights. It is also possible that they are breaking the law.  In some areas they must accept the rent without any other late fees or charges if you formally dispute the charges.  But you have to know the laws in your state.

Answer 3

hi go and get your self a lawer, asap.

and get them to help you, all the best .

Answer 4

Ok, let me explain to you what dismissed "without prejudice" legally means....that means the judge is permitting the landlord to RE-FILE the case.

If it was dismissed, he couldn't.  Dismissed without prejudice, he can.

100% legal.

They didn't mess up.  You knew that you didn't pay the rent.  They have the right to collect legal fees to take you to court...that is why you pay it before it gets to that point.