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Old 01-31-2013, 11:33 AM
 
6 posts, read 13,917 times
Reputation: 10

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So a while back the Park at Colonnade apartments lost my money order for my rent, since then I have received the refund check from western union and have paid the rent in person this time. Today we went to court for the eviction which was dismissed since we paid in full. I do understand that I have to pay the court fees but now that apartment is saying if i dont pay the court fees by the 1st then I will get late fees for court fees.... Is this possible?
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Old 01-31-2013, 11:48 AM
 
Location: San Antonio, TX
11,490 posts, read 24,271,189 times
Reputation: 27862
You've really gotten a rotten deal from that complex. How much are the court fees?

Didn't you say you're moving into a house at the beginning of February? If you're not going to be living at the complex, then pay at your convenience. Even if it goes to collections, whenever you get around to paying it, that will be good enough as far as your rental credit goes...just save your receipt from whenever you do pay it.

Also, if you are moving out right now, make sure you have them do a walk-through with you and sign off on the condition of the apartment before you leave, or if they won't do that, get a current newspaper (to prove the date in the video) and make a video of the condition of the apartment and the newspaper, showing that the apartment was in decent condition when you left.
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Old 01-31-2013, 11:59 AM
 
6 posts, read 13,917 times
Reputation: 10
The court fees are 161$, Yes we are moving into our house in the beginning of the month but our lease ends on the 28th but we are still paying the last months rent and still have all the utilities on in the complex. So with that we have to pay it asap, I have communicated with them for a possible payment plan or something to help with the fee. I know to most its not much but rent for the apartment on top of first months rent for the house we are really tight. Just seems like this place just wants money and doesnt want to help anyone. We have been communicating back and forth via email and as soon as they receive the email about why are they not helping me they dont respond...Figures... Just one issue after another with this place, I just wanna be done with them already.
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Old 01-31-2013, 12:02 PM
 
1,175 posts, read 1,311,080 times
Reputation: 1335
If they took you to court, and it was dismissed, why are you responsible for the court costs at all? Especially since they were the ones that lost your rent in the first place.

If it were me, I would tell them that I'm not paying that crap. They didn't have to take you to court. That was their choice, that cost is on them.

The only way this doesn't apply is if the court ordered you to pay those costs, in which case why do you owe it to the property management company instead of the court?
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Old 01-31-2013, 01:08 PM
 
Location: Texas
5,721 posts, read 16,265,811 times
Reputation: 11129
I'm with Prim8 on this one. You followed their procedures and paid on time but they managed to lose it. Now they want you to foot the bill for their mistake. Personally, if you have a security deposit or pet deposit, you're not going to see it with these low lifes. I'd cut my losses and tell them to stick it. Unless the court ordered you to pay for the court costs/fees or it's in the contract with the apartment, you owe them nothing. Make sure to PRINT all emails and any correspondence and document any and all conversations with management. A diary is a legal document so make sure to have one. But I can't impress you enough, document everything and keep it in a safe place. These low lifes are not finished with you regardless if you pay or not.
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Old 01-31-2013, 01:27 PM
 
Location: San Antonio, TX
11,490 posts, read 24,271,189 times
Reputation: 27862
The problem is, complexes that pull stunts like this usually have it written into their lease that any money you pay is applied to fees first, and then to rent. Since OP has to pay rent for one more month, when he pays his rent tomorrow (in person and with a receipt so they can't screw him this way again) they will deduct the court fees and apply the rest to rent. Then he will be short on his rent again and they will either lock him out and keep his stuff or try to evict him all over again.

I'm guessing all this drama with the missing money order started after he put in his notice that he was moving when his lease was up. Some complexes will do anything to try to make you stay, or to mess you up if you're not staying. I had a complex once forge one of our names to the lease and try to say we were obligated to stay or pay several thousand dollars. The problem was that the name they forged was our infant daughter's, so we laughed and said we were calling the cops on them.
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Old 01-31-2013, 02:39 PM
 
6 posts, read 13,917 times
Reputation: 10
You hit it right on the head Hedgehog, they are stating that what we pay goes to the courts fees first and then rent. If my last month was January then heck yea i would pay it when I want but since I have one month left I have to pay it or face more issues with the complex. It funny because I got the email today after court about late fees for the court fees after the eviction got dismissed. I have a folder filled with every email conversation that we have had. I will be having a family friend who is a property manager come check my apartment before we leave to make sure we get our deposit back. It got to the point where I got WOAI involved but they said they had to back down for harassment reasons since corporate would not call them back.
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Old 01-31-2013, 03:15 PM
 
Location: San Antonio, TX
11,490 posts, read 24,271,189 times
Reputation: 27862
So did the judge mention the court fees when dismissing the eviction? Is it really something you're responsible for paying?
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Old 01-31-2013, 03:27 PM
 
Location: Texas
5,721 posts, read 16,265,811 times
Reputation: 11129
Okay Juan, read the link posted. Read ALL of it. Have they provided you with a written receipt when you have paid them in cash? If not, they are in violation of State code. The State does not allow them to recover court cost unless they win- they didn't win and they're not allowed to charge you. Read ALL of the code and get yerself an attorney. Don't have one, look up the State Bar Assoc for a referral. From the sound of your posts you have had your rights grossly violated and you may be entitled to money from them. Frankly, I hope you cost them millions but even hundreds would be justice. I despise companies that prey on people. Here's the code as allowed by the State of Texas:
PROPERTY CODE**CHAPTER 92. RESIDENTIAL TENANCIES
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Old 01-31-2013, 03:28 PM
 
Location: Seaford, Delaware
3,489 posts, read 18,745,153 times
Reputation: 2686
Even though the eviction was dismissed, the court fees are paid by the LL up front to the court. It's the filing fee. If the complex is applying the payment to the fees first, then you will be late on the rent and fees will be applied.
Read the lease. You agreed to the terms adn now want out of those terms. If the complex will not reduce or excuse the fees(remember they already paid it out), then they can file for collection. It could very well show up on your credit and affect your house purchase or rental of property.

You can be mad about it, but do you want to take the chance of poor credit for 7 years?
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