My jurisdiction is: California
On March 5, 2009, the last day to submit rent, I was not able to pay due to financial struggles. On Friday March 6, I received a notice to pay rent or quit within the next three business days, which would give me to the 11th. On the Thursday the 12th I spoke with a representative of the complex, explaining that I had some set backs this month; however, I will have the money in a few more days. The representative agreed; however, an additional $50.00 will be applied as a late fee an additional. I happily agreed to her terms. At approximately 7:30 pm on March 16, 2009, I submitted the agreed monthly rent of $1598.00, plus the late fee of $50.00, totaling $1648.00. At approximately 8:00 pm, I was served a Summons of Unlawful Detainer-Eviction papers. The apartment complex then returned the check of $1648.00 on March 17, 2009. After speaking with the manager of the apartment complex on March 17, they accepted the rent of $1648.00; however, they also demands that there is a $750.00 "attorney fees" that needs to be paid. I then responded to the courts with an "Answer" to the summons of unlawful detainer-eviction papers within the allowed amount of time. I stated "plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired". I also turned in a request for all court fees to be waived. Because the complex accepted the rent check for the month of March, the eviction process is stopped. However, the manager of the complex told me that if I do not pay the $750 attorney fees, I would be evicted. I don't understand how they would have the right to do that. It is not in the contract that I would be responsible for paying any attorney fees. The only additional fee to a late payment is the $50 (which I paid). Am I in the wrong? What should I do now?
On March 5, 2009, the last day to submit rent, I was not able to pay due to financial struggles. On Friday March 6, I received a notice to pay rent or quit within the next three business days, which would give me to the 11th. On the Thursday the 12th I spoke with a representative of the complex, explaining that I had some set backs this month; however, I will have the money in a few more days. The representative agreed; however, an additional $50.00 will be applied as a late fee an additional. I happily agreed to her terms. At approximately 7:30 pm on March 16, 2009, I submitted the agreed monthly rent of $1598.00, plus the late fee of $50.00, totaling $1648.00. At approximately 8:00 pm, I was served a Summons of Unlawful Detainer-Eviction papers. The apartment complex then returned the check of $1648.00 on March 17, 2009. After speaking with the manager of the apartment complex on March 17, they accepted the rent of $1648.00; however, they also demands that there is a $750.00 "attorney fees" that needs to be paid. I then responded to the courts with an "Answer" to the summons of unlawful detainer-eviction papers within the allowed amount of time. I stated "plaintiff accepted rent from defendant to cover a period of time after the date the notice to quit expired". I also turned in a request for all court fees to be waived. Because the complex accepted the rent check for the month of March, the eviction process is stopped. However, the manager of the complex told me that if I do not pay the $750 attorney fees, I would be evicted. I don't understand how they would have the right to do that. It is not in the contract that I would be responsible for paying any attorney fees. The only additional fee to a late payment is the $50 (which I paid). Am I in the wrong? What should I do now?
It may not make a difference but I do know its much easier standing in eviction court claiming you haven't paid the rent than any other lease violation.