Can a landlord really evict you for an overdue due fee that was not part of a rental payment?

I was evicted from my apartment because there was a overdue fee of $91.50 ( not part of rental fee). I offered to pay this but they wanted to include a late fee of $120. I offered to pay the fee but they refused, they wanted me to include the late fee. I went to court today and the judge waived the late fee because it was to high, but ordered me to pay the $91.50 with a 7 day eviction is. Is this legal? What can I do? I’m appalled and insulted by such an action.

Asked on November 29, 2011 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you went to court and contested the $91.50 overdue fee that was not part of the rental agreement and the court decided that you had to pay the $91.50 amount and issued a seven (7) day eviction, then the amount ordered to pay is the order and you have to leave the rental.

If you want to work out some extension with your landlord or try and stay in the rental post the court's order, you should try and work out a new agreement with your landlord. If you are unable to reach a new agreement with the landlord, you should start getting your belongings in order for a move out.

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