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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Tenant being charged illegal late fees

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Old Mar 20th, 2008, 10:48 PM     #1
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Confused Tenant being charged illegal late fees

I am being sued for unlawful detainer. The cause of my failure to remain current with rent is simple. My landlord has been charging me "fees" for various "services" provided without my request or consent and then posting my rent payments towards these "fees" before posting towards my rent , thereby leavng me in a constant state of arrears with more late fees accruing continuously due to my late payment of rent that is caused by the continual gouging for "fees". I have filed my answer properly and on time and am awaiting the courts notice alerting me to whrn I am to appear for the hearing however, today I recieved a copy of a "request for entry of default", filed by my landlord's attorney. I am wondering whether this is something that is filed in case I do not properly file an answer on time or if this is something I need to respond to in order to protect myself.
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Old Mar 21st, 2008, 01:16 PM     #2
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Default Re: Tenant being charged illegal late fees

Are these fees listed in your lease? Did you sign an agreement that listed these fees in there? If no fees were included in your lease, they will be unable to charge most fees. Fees such as late fees, non-sufficient fund charges, lease violation fees, and service calls for items that are your fault are normal fees that are included in most leases. Exactly what type of fees are you being charged? And are the fees excessive? (How much for each type?)

If these fees are listed and they are correct in charging you this fee, they can subtract the fees from any monies recieved. Oldest debts are normally paid before money is credited toward current rent. (It works the same with the utility company. Money is credited to last month's bill, then to this month's.) So if you owed late fees for last month and didn't pay them, they could subtract these from any money they receive this month before they credit your rent.

A default judgment is one when the other party does not answer or appear in court. So if you failed to answer the paperwork or appear, they would be awarded a default judment. IF in doubt, call the clerk of court and ask what the paper is that you received.
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