Do I have to pay an eviction fee if have never been servedand there is no proof of filing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.