Lanlord trying to evict me. Need some 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

Check the law requirements under the Landlord and Tenant agreements general areas of your State.

It is excepte that failure to pay rent on the due date allows a landlord to evict a person at any time in which the amount became due but unpaid.

Additionally most States also allow a Landlord to attach reasonable late fees.

If the Landlord has such late fees then it does allow some lead way before a notice of eviction for failure to pay agreed rent to apply.

However again most States provide for that a Landlord must give a reasonable time period for a tenant to make good on the rental failure upon notice,this reasonable time period is usually specified not at the discretion of the Landlord but by the general guidlines of the legislatures of the State.

A tenant has legal presumption that a remedy to fair the situation was being proposed under law to give agreed payment within a specified time period,this most likely allows for a tenant to have the days perscribed by law to be available prior to legal action being taken against a Tenant.

The notice provided for such requirements is a binding contract,if the Landlord abused his authority then it may NOT be entitled to recover attorney fees.

In addition if a tenant is wronged according to the law then the tenant may be awarded not only attorney fees,but also 3 times the amount in which the Landlord was seeking.

But the circumstances must be specific and have proof that the Landlord gave such notice under the State laws as a remedy,and then withdrew the option without applying the legal time periods of the notification.

Either way DO NOT GO TO A MAGISTRATE,most Landlords frequent the magistrate and have a rapport in which may result in some bias.

Have it brought to civil proceedings.

Answer 2

You should have paid your rent on time. Yes, they will get the legal fees also.

Answer 3

So far, everything you have described is legal and according to law in my state. Yours may be different. Check with an attorney familiar with your state laws.

Answer 4

Appear before the judge with all your paperwork. This includes the original notices as well as the court documents with the dismissal. Explain to the judge that you are willing to pay the original rent due, but not the additional fees. Explain that you were not initially given the proper time, then the second bill was presented with the wrong amount, this being with court fees included for a case that was dismissed. Have a money order for the proper rent with you, and be prepared to present it at that time. Explain to the judge you were and are prepared to present this at any time, but were fearful to do so because of the original malicious lawsuit as well as the unreasonably altered bill.