Pet deposit Fee and PreCourt cost on eviction notice?
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RoadHogger, From my little bit of research on the Internet, it seems to depend on which county you live in, on what the LL can and can't do. Also, it may be in your lease as to how you agreed to deal with evictions.
Look on the last page for contact info. If you're not in one of these counties, call one of them anyway, and ask for a referral to a legal aid resource in your county.
My feeling on what you should do, is to go ahead and pay what you owe. The thing is, you are going to have to end up paying it, no matter if the LL did things wrong. You might delay things, or make him have to sue you twice - once for the rent, once for other money you owe, but you'll eventually have to pay it all, and it might be more expensive for you to have to pay his fees for having to sue you twice.
You admit you owe the money, you have the money, you have a payment plan, so just pay it, IMO.
I understand your wanting to enforce the "principle of the thing," I really do. But, I think you'll end up paying more if you don't just do it their way. If it makes you feel better, let them know they're doing it wrong, and you know it, but you're going to go ahead and pay to make things go more smoothly.
That way you let them know you're no fool, but you're also going to be reasonable.
Make sense?
hey thanks for looking at that, i did see a few of those before and did call legal aid before.
They have free sessions every week where there are tons of attorneys present volunteer and I can meet with them. next one is thursday
I also have another matter with my previous landlord.I moved out and he never sent me my charges bill or deposit,next thing I know I was in collections reported to my credit
You said you had a pet when you moved in..do you have your receipt showing you paid the pet deposit? If yes, they can't charge you again. If you have a pet and didn't pay the fee, or can't prove it, you might have to pay it again.
As for the unpaid rent....you're 2 mths behind...do you really need a golden invitation to get you to pay your rent??? Do you really need your landlord to send you daily notices about rent due??? How do you know they haven't send you notices and your wife threw them away? Or they got shuffled in paperwork? Here in Florida all they have to do is stick it in your door and it's considered 'served' by the court.
You know what you owe...so pay it...in full..now. And yes, you can be evicted for non payments of deposits/fees as well lease violations and non payment of rent (you already know this part)
You already have one landlord ding on your credit...do you want two? That's what's going to happen unless you pay this bill BEFORE court...just because you set up a payment plan doesn't mean you get to get to stay in your unit...the judge can agree to the payment plan and the eviction and give you x amount of days to vacate.
This is what I don't understand...the tenant is 2 mths behind on his rent and he's blaming the landlord for 'not contacting' him....blows my friggin mind every time I read a post like this.
I'm wondering if you're confused about what you actually received from this "servant" in a "collection agency". Evictions are not served by collection agencies. Take your paperwork to the Legal Aid session and have them explain to you exactly what you've been given.
Something sounds really fishy. Check local laws, but if you werent given a 3 day pay or quit they may have zero grounds for eviction, and might actually be breaking the law with the intimidation. I'd consult a lawyer first, but consider paying nothing and letting them try to evict you. Odds are youre going to be forced to move eventually, but make them so it legally.
I suspect that tenant is confused. The "collection agency" is probably the lawyer who is handling the eviction. The "servant" would be the process server with the eviction pending notice.
OP, if you don't pay all you owe, the courts will give the sheriff the court order to throw you out into the streets. Considering your rental history, your chances of renting a new place are pretty slim, so I suggest that you pay what you owe on that one and make rent payments on time from now on out.
Yes, you get to go to court and explain to the judge why you owe so much back rent, and he isn't going to have any sympathy and he will order you out for non-payment of rent and then that eviction is going to go onto your permanent record
I'm wondering if you're confused about what you actually received from this "servant" in a "collection agency". Evictions are not served by collection agencies. Take your paperwork to the Legal Aid session and have them explain to you exactly what you've been given.
Yes, I talked to the apartment manager me and him is cool, basically the corp that owns all the different complexes sent it in to the complex so it is kind of out of hands but he did make a call to the collection agency and got a fee removed
But yes we are paying everything before the court date and they will dismiss it
Funny they sent me a collection letter in the mail on the 4th I just checked my mail and saw it and said I could dispute the debt but 3 days letter sent me eviction papers, actually they sent eviction notices to like 12 residents lol
Something sounds really fishy. Check local laws, but if you werent given a 3 day pay or quit they may have zero grounds for eviction, and might actually be breaking the law with the intimidation. I'd consult a lawyer first, but consider paying nothing and letting them try to evict you. Odds are youre going to be forced to move eventually, but make them so it legally.
We will be paying it that isnt a question we have the money, I was just trying to get out of the fees, when i told the collections man about not receiving a notice she got mad and said what you want to go to court trying to intimidate me
Actually december rent was paid on jan 20th or so so they accpeted partial payment i guess, so I stilled owed January rent when I paid, then FEB came and i owed both jan and feb rent and I got the eviction around the 8th I think
So i dont know, is it really worth with trying to get this eviction dropped, Im scared if I go to court and it is not paid by then they will evict if I dont win even though i do have the money to pay.
If i pay before the court then it will defeat the purpose because i would have paid all of the fees
We will be paying it that isnt a question we have the money, I was just trying to get out of the fees, when i told the collections man about not receiving a notice she got mad and said what you want to go to court trying to intimidate me
Actually december rent was paid on jan 20th or so so they accpeted partial payment i guess, so I stilled owed January rent when I paid, then FEB came and i owed both jan and feb rent and I got the eviction around the 8th I think
So i dont know, is it really worth with trying to get this eviction dropped, Im scared if I go to court and it is not paid by then they will evict if I dont win even though i do have the money to pay.
If i pay before the court then it will defeat the purpose because i would have paid all of the fees
That is my dilemma
And you brought this dilemma on to yourself by not paying your rent. What I'd like to know is why do you feel you shouldn't have to pay all the fees (not counting pet fee you claimed you paid) associated with your 2 mths back rent?
You should've gotten the eviction notice on day 10 of the first month late...they are being far too kind by giving you extra time to pay up. Pay it up, in full, NOW...not Monday, not court day, not the day the Sheriff comes and hauls you out, but TODAY.
You should be scared...renting with an eviction is hell....avoid it by paying the what you owe ASAP
Pay the Rent & Late Fees get a receipt! TO YOUR LL Find the Receipt for your pet deposit. Make a Photo Copy Send to you LL. Send COPIES of ALL the receipt Rent late fees & pet Deposit to the Collection Agency! Make copies for the judge! You cant pay the rest til you know what they are asking... BUT paying what You do know you owe the judge will be more willing to help you He might even you owe nothing else they will be in hot water for not handing this correctly. The lawyer will also help you better IF he see you Have paid what You know you owe.
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