Do I have to pay an eviction fee if have never been servedand there is no proof of filing?

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Do I have to pay an eviction fee if have never been servedand there is no proof of filing?

I owe May’s rent for my apartment. I have been charged a $200 late fee which I understand and agree to pay. However, the management is now also trying to charge me an additional dispossessory fee of $150 in order to cancel eviction papers they claim they filed 12 days ago. However, they have no paperwork and I have never been served with any nor has any been mailed to me. When I questioned them about this, they tell me it is pending. I don’t believe they have filed anything because from what I understand, if they had filed anything the Sheriff would have legally had to serve me with papers personally or on my door and also mail me a copy. How can they have filed without my being sent anything and with no court date or anything?

Asked on May 28, 2011 under Real Estate Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are absolutely correct. If your landlord did not have you served yet, you have no responsibilty to pay another fee especially if a) that fee is not included in your lease and b) no proof of filing has been shown to you. Further, you may wish to contact your local consumer protection agency that handles such matters. Keep in mind that while your landlord cannot evict you now in retaliation for contacting the consumer protection agency, the fact remains that the landlord does not have to renew your lease.  So think about your next steps but remember to put everything in writing.


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