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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption