Possible Eviction Question

[phillychzstk]

Hello.

I live in an apartment complex where rent is due on the first of each month, with a five day grace period. For the month of November, I was late with my rent paying on the 9th - but paying my full rent. I did not pay the late fee of $81 at the time, waiting for my next paycheck to do so.

Yesterday I came home after being away this weekend to find a "Failure To Pay Rent - Landlord's Complaint For Reposession Of Rented Property" on my door and in my mailbox. I believe my apartment complex automatically enters a summons after the fifth day if rent is not paid.

My question is: Will I be evicted? Again, I have fully paid my rent - weeks ago. Since I have fully paid, do I need to attend the court date? What will happen if I do not attend the court date? As long as I have paid, and this is the first time this has happened, is there any chance the judge would not dismiss the case?

Also, I live with two other roommates who are on the lease equally with me. Would it be acceptable if I were the only one to attend the trial?

Thanks!

 

[Gail_in_Georgia]

From your posting, you did not pay your full rent; you still owe the late fees, correct?

Bring this amount (plus extra for court fees) to the hearing...and make certain you attend this. Bring this in cash. Failure to do so means that your complex will automatically win the judgement and the eviction will proceed. This hearing is your way of proving to the court that you have paid (or will pay) your entire share of the rent.

Did the summons address only you or did it address all tenants in the unit?

Gail

 

[phillychzstk]

I am actually paying the remainder to the leasing office this morning. The back of the notice said that I could bring a reciept proving full payment and ask the court to dismiss the case. Does the court generally dismiss in these circumstances?

Also, all three of our names were on it, but equally so. Can I not represent the entire apartment as proxy to my roommates?

And what kind of legal fees should I expect?

Thanks.

 

[mightymoose]

So long as you pay up then you have nothing to worry about. The notice was just the landlords way of letting you know they mean business.

I don't believe that the late fees count as rent though. Once you paid that rental amount you should be ok... the landlord can wait for the late fee or make a civil claim over it. That might vary by state though.

Typically though, a landlord isn't supposed to deduct your late fees from the rent that you paid so that they can still claim you are behind. Leases that allows that practice may not be enforceable. If that is the case, you could have an argument.

Anyway, if you are going to pay up today then you having nothing to worry about. Yes, your proof of payment to the court will be sufficient for your roommates as well since it is all the same case.

 

[jharris352]

Gail is right, late fees count as rent. You will have to pay the late fees plus about $200 in court fees to bring your lease current. Usually, I have not researched every state, one time per calendar year you can do this and get the case dismissed. Since you are paying up, you should be able to appear for the entire apartment.

 

[phillychzstk]

Thanks to everyone who posted!

I actually just went to the rental office, paid the late fee, and they dismissed the case. No court fees, no need for appearance, nada! Just a misunderstanding on my end of when late fees are due. But thanks again to everyone!

 

[Gail_in_Georgia]

I'm glad everything worked out for you!

Gail