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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 26797
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I have been leasing an apartment for 5 years and although

Customer Question

I have been leasing an apartment for 5 years and although rent is due on the 1st of each month I have always paid on the 15th and included the late fee of 100 bucks. Most of time there is no problem, but every now and then, they file an "eviction notice" and tack on an additional $395 to stop it......This happened again in May, I called as usual and stated i did not have the rent plus the stop eviction fee (395) but would send over the rent with late fee "Which they accepted"...Now they say they will continue the eviction - even though I paid the rent plus late fee without the eviction fee.......Now its the 1st of the month (June) again and they want RENT plus eviction fee from May? Is that LEGAL? Do I have any recourse?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. I certainly understand the situation and your concern. If they accept the past due rent and the eviction fee, then you would be current. If they wanted to evict, they would have to go through the process again. They can not continue the eviction if they accepted all past due rent plus costs associated with it. Now, it is the 1st so the rent is due and if not paid, they would need to give you a notice to cure or quit and if you remain, they can evict you. They do not have to accept it if it is outside the time to pay the late rent and can evict, if this happens monthly.
Expert:  LandlordTenantAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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