Attempt to pay past due rent(beyond 3 day quit period but prior to notification of unlawful detainer action) was denied unless accompanied by additional $ 580 "legal fee" and following month's rent, which is not due for another week. These conditions were not stipulated in prior communication w/ landlord agents re: this situation. Past due rent, parking space rent, Water/sewer/trash charge and $ 75 late fee were offered as req'd. by lease agreement. I know landlord can refuse payment and evict. It seems that placing these added conditions is possibly punative/retaliatory in nature at least and more extortion of single mom in duress(late rent caused by bounced child support check on rent due date). Grateful for answers even if just affirming that landlord is justified.
Answer by Bro John
I know you probably don't have money to spend......but you need a lawyer.
Answer by dough ray me
I hope you can afford to see a lawyer.
Answer by Bruce
Maybe.
The governing document is the rental agreement you have with the landlord, and the local law of course. Usually a landlord isn't quite that hard to get along with unless there is a pattern of behavior. Renting housing is a business and subject to the business practices of any retail business. Landlords generally want to keep good tenants. Vacancy cost money.
You should also review the local law. Link below will get you started. You should be able to find the correct state where you live on the site. Check with a legal aid office in your area for an in person opinion.
Answer by Wildcat
You missed the 3 days to pay. When rent is that late they have every right to add on legal fees. He did not have to tell you about this fee for it to be legal. Just because you have not received any court papers yet does not mean they have not consulted a lawyer or have not filed the court papers. It can take another couple days for you to get the paperwork once it has been filed. If you do not have full payment plus legal fees they have every right to refuse payment & evict .
I'm sorry you are in this situation but you are going to have to move. If you still cannot pay the total owed they can sue you for it.
Answer by Landlord
They can not add the other fees you owe to the 3 day notice and you do not have to pay them during those 3 days to prevent eviction. However, you decided to keep their money in place of money someone else owed you, like they were a bank for you to take out loans. Since you waited and kept their money they can now expect what they will receive in court.
Know better? Leave your own answer in the comments!
Orignal From: Q&A: Can apt. landlord make acceptance of delinquent rent conditional?
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