Thursday, December 10, 2009

Can my landlord MAKE me pay late fees within 5 days?

I got an email from my landlord demanding me to pay 3 months worth of late fees within 5 days. I told her I could pay her right away Friday morning, but she said that if I dont pay by THURSDAY, she is filing papers with the court Friday morning. She had never asked for late fees before Sunday.



She also wants me to pay her $365 for getting the basement drain augered out when it backed up and flooded the basement, because of tree roots in the pipeline, which have been there and had been serviced many times prior to our tenancy. I am not going to pay that so thats not a problem. She can take me to court for that, (and I will win!) but late fees????



Can my landlord MAKE me pay late fees within 5 days?opera songs



I've never heard of an eviction due to failure to pay a late fee within five days. Depending on your state's laws, she might be able terminate the rental rental agreement for failure to pay fees. However, a termination is not the same as an eviction.



Even if she were able file the eviction papers, you can still go to court to defend yourself and even pay the fines to stop the eviction.



Your landlord is crazy and/or trying to intimidate you. Check your state landlord-tenant laws for more information.



Can my landlord MAKE me pay late fees within 5 days?secure browser opera theater



where??



state law controls. google will find it if you ask something like this: "texas law on tenancy and late fees" [omit quote marks]
Would these late fees actually add up to as much as she will need to pay to take you to court?? Maybe court is the "threat" and she has no intentions of going that far because she thinks she can intimidate you into paying. If you were late and she demanded late fees....that should have been done EACH month you were late...not for 3 months previous. If she didn't demand those late fees when they were due...I would think she had determined to let the late fees slide. If you really want to see how things turn out....go to court and let the judge decide.
There are several factors to take into consideration. Did she inform you with a letter/statement the past 3 months what you owed in late fees? Also, if you read your lease carefully you may see something in there that states when you pay rent every month it can be allocated towards any outstanding balances owed before being allocated towards rent. For example if your rent is $500 and you are late in October and your late fees are $50. When you pay your $500 rent in November, they can apply $50 towards the late fee and then $450 towards the rent...leaving the reaming balance owed technically rent and not late fees. Now they can evict you because you technically owe rent and not late fees. I hope this makes sense and I was not too confusing.

No comments:

Post a Comment

 
noton