Was two days late paying rent and landlord wants to charge me $350 for the eviction notice even though rent and late charges were paid. Still renting from same landlord.
Sagebrush Kid
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A landlord can file a notice of eviction as soon as your rent is late. It would be kind of stupid, normally, to file it on the second day, but sometimes I have done so on a tenant I really wanted out.
The $350 seems kind of steep,unless your lease calls for some stupendous additional charge, A call to your local court house will reveal how much the Notice of Eviction costs, and how much it costs to serve it. I seriously doubt it is anywhere near $350. Ours are $39 and about $26 to have it served.
Once you have these numbers in hand, contact the landlord (in writing) and ask for details. Don't blow it off and let it mushroom into a major thing. Nip it in the bud.
jesstranscription
Legally, a landlord may start the eviction process if the rent is one day late. But to make you pay for the eviction notice($350), that sounds like they are stretching it a bit. I would call a free telephone advice lawyer and run this by them first. Good luck!
debora
Sounds like a tenant from hell. Many lease forms are clear as to how monies are credited. If she has only made partial payment, then any monies you received are applied towards past due funds. Did the judge dismiss the case or does he still have jurisdiction? I've never had a judge do that during an eviction hearing. I suggest your serve her with notice to pay current within X days (whatever your state requires) and it she's not current file for eviction and tell the judge you want possession, not money. realtor.sailor
Christy
Didn't you receive a pay or quit notice or an unconditional quit notice before he filed for eviction? Most states require this notice to be served, and for it to expire, before he can file the court case. Since the shortest quit notice is 3 days in length, how could he have filed for eviction yet if you were only 2 days late? Only 3 states allow the LL to file for eviction immediately after the rent is late.
Either you received this notice and are confusing the late fee date with the actual rent due date, or he could not have filed yet. Only Maryland, Texas (if it was specified in the lease), and WV allow the LL to file immediately without either waiting out a grace period or waiting for one of the notices above to expire. Unless you are in one of these states, I don't see how he could have any eviction costs yet.
GI Jane
Not if rent is current. 2 days late would be laughed out of court seeing as how you paid all late penalties.. Let your landlord proceed with court, you'll get a good laugh..