Can my landlord force me to sign papers obligating me for court costs in order for him to drop an eviction that should not have been filed?
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Can my landlord force me to sign papers obligating me for court costs in order for him to drop an eviction that should not have been filed?
Rent is due the 5th of the month otherwise a late fee is added. This month I had troubles so I gave landlord half the rent with a letter stating that I would pay the rest, plus a late fee the 15th. He called and left a message stating he got the letter. On 15th I gave him the rest of the rent with a letter apologizing for being late. The 20th I got court papers in the mail. I called my landlord and asked about it. He said he never received payment/letters. I told him my checks were cashed. He looked through papers and found the letters. He wants me to sign papers paying for court or he won’t drop it.
Asked on April 21, 2011 under Real Estate Law, Nebraska
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Nope, in this situation your landlord is clearly incorrect. If he agreed to obtaining half the rent from you on the due date and the other half plus the late fee on the 15th, he essentially waived his right to now file court documents on you. His irresponsible paperwork and lack of organization does not automatically require you to pay his court fees. If he attempts to evict you now in retaliation by your failure to pay his court costs, take any paperwork with such threats to your state attorney general or local housing and urban development department (in other words, whichever agency in your state that handles consumer protection as related directly to landlord tenant matters), show the paperwork and see if that agency can intervene and lead your landlord down the right path (the path of thou shall not retaliate via eviction of a tenant who paid the rent, whose late rent was accepted by landlord and whose landlord doesn't properly organize is own paperwork).
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