Landlord Charging Attorney fees and court cost. (tenants, landlords)

[GiantRutgersfan]

Originally Posted by Cheetah123

She agrees to having to pay the late fees. What she doesn't agree to is having to pay the other fees.

I understand.

I don't think she will have to pay them, provided we are getting the full and accurate account of what happened. I am not a lawyer though

[NYCresident2014]

My opinion is that she will have to pay them. If she paid rent late but didn't pay the late fees, then she didn't pay the full amount due each month. This is something that you can be evicted for. It's the same as if you pay less than the rent each month- those late fees are contractual obligations just like any other payment under the lease.

If her lease requires that she pay court costs (which I'm sure that it does), then she's also on the hook for the lawyer costs. This is the cost of not following the contract.

[lvoc]

Originally Posted by NYCresident2014

My opinion is that she will have to pay them. If she paid rent late but didn't pay the late fees, then she didn't pay the full amount due each month. This is something that you can be evicted for. It's the same as if you pay less than the rent each month- those late fees are contractual obligations just like any other payment under the lease.

If her lease requires that she pay court costs (which I'm sure that it does), then she's also on the hook for the lawyer costs. This is the cost of not following the contract.

It is a local thing but in most jurisdictions you can evict only for failure to pay the rent. Failure to pay fines or other charges does not do it. The LL can get a judgement to collect the fine...but not an eviction

[reenzz]

If the tenants late payments caused the landlord to start a court action, then the tenant is responsible to pay the attorney fees and court costs. Being two weeks late with rent is unacceptable. Most landlords would start the eviction after 5 days.

[lvoc]

Originally Posted by reenzz

If the tenants late payments caused the landlord to start a court action, then the tenant is responsible to pay the attorney fees and court costs. Being two weeks late with rent is unacceptable. Most landlords would start the eviction after 5 days.

Again. The LL knew the rent was paid before he filed the action. Thus he had no basis for filing the action. If he had filed the action while she was late then he might have a rational action to collect the fee. But he does not have a legitimate base for what he did.

[reenzz]

Originally Posted by lvoc

Again. The LL knew the rent was paid before he filed the action. Thus he had no basis for filing the action. If he had filed the action while she was late then he might have a rational action to collect the fee. But he does not have a legitimate base for what he did.

Being habitually late with rent and/or not paying late fees is a violation of the lease. Regardless of rent being paid, the landlord can proceed with an eviction for any violation.

[lvoc]

Originally Posted by reenzz

Being habitually late with rent and/or not paying late fees is a violation of the lease. Regardless of rent being paid, the landlord can proceed with an eviction for any violation.

Generally not in most places. Eviction for failure to pay. Fines and payments for lates. I don't know a place where you can evict for late.

[reenzz]

Originally Posted by lvoc

Generally not in most places. Eviction for failure to pay. Fines and payments for lates. I don't know a place where you can evict for late.

The evictions would not be started for being late....it would be for a lease violation. Legal in all states.

[lvoc]

Originally Posted by reenzz

The evictions would not be started for being late....it would be for a lease violation. Legal in all states.

There was a contract breach.. It was cured. There is no remedy that lets a contract be terminated for a cured breach. Could you write a lease with such a clause? Perhaps...but you may run into over riding statutes many places.

[CaptainNJ]

Originally Posted by lvoc

There was a contract breach.. It was cured. There is no remedy that lets a contract be terminated for a cured breach. Could you write a lease with such a clause? Perhaps...but you may run into over riding statutes many places.

I don't really think this works. I don't think you can just break the lease; then make good on it and think that you can just "cure" whenever you feel like it and now its ok.

those court costs are significantly less than what my landlord charges. I believe he right away looked for $1k. to me, $1k is too high, it makes people not pay. if you do $200 you probably can intimidate people into paying that.