Is the tenant or landlord responsible for filing feesregarding an eviction that was dropped before it was taken to court?

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Is the tenant or landlord responsible for filing feesregarding an eviction that was dropped before it was taken to court?

My landlord filed for an eviction on January 6 2012 I paid my rent in full plus the 10 a day late fee on the 10th. My landlord said that they would drop the eviction so it wouldn’t go to court. I spoke to my landlord earlier today and she told me that I owe them 169 for the eviction filing fee. As the tenant am I responsible for the filing fees for the eviction even though the eviction never went to court?

Asked on January 20, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are responsible for the fees if your lease states that in the event of a breach of the lease, the tenant is responsible for filing fees. From what you write, you breached the lease--you did not pay on time, which is why the landlord began the eviction process. Whether or not the eviction action had to actually go to trial, the landlord initiated it to enforce her rights and paid the filing fee. Therefore, if you are liable for fees or costs in the event of a breach, you would be responsible for this fee.


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