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Illegally obtained legal costs in MD!!

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M

Mortishah

Guest
I live in Baltimore County in Maryland. I was really late one month with the renat and I called the leasing office to verify all the late fees. I was told that I owed legal costs in addition to late fees. I know that when eviction notices are issued, the police put it on your door and you laso get a copy in the mail. I never got them. The manager told me that they acrue automatically after the 10th of the month. the lease does not say that. I think she charged me for legal fees which she never incurred. She was really nasty when I asked if she had a copy of them. Just from past experience with her, I do not trust her at all. What can I do to find out that I have been cheated, and if so, what do I do then? Do I take her to court? Will I be allowed to move out? I am thinking of checking with the sheriff to verify serving of the evictions papers. Please help me. I do not feel comfortable living there and I want to leave if I can, legally.
 


T

Tracey

Guest
Where the law or lease allows L to charge T attorney fees for evictions/suits, L must actually incurr the fees. L can't just tack imaginary fees onto the late fees without engaging a lawyer. Sue L in small claims. If you never received the papers, L never had to pay the attorney or process server. Sue L for breach of the lease (charging more than the authorized late fees). This will force L to bring in proof that she incurred fees relating to YOUR account. Be sure your complaint says that you have requested this proof before filing suit & L refused to disclose it to you. That way, there's a good chance the judge won't award L attorney fees for the suit even if you don't win.

Go ahead & try to verify service with the sheriff. Was service cancelled or never contracted? Also, assume L will try to withhold your entire damage deposit. Start covering your ass now. Be sure you take pictures/camcorder with time/date stamp when you leave, AND have witnesses who can testify that there were no funny smells when you left.

You should write L requesting she send you proof that she incurred legal fees relating to your account. Send the letter certified, return receipt. Keep a copy to show the court. After you file the suit, resend the letter and demand the information as pre-trial discovery.

Charging you attorney fees is probably not grounds for you to terminate the lease. However, read the MD residential landlord tenant act & see if you can find other grounds in there (written notice of a violation/repair & intent to terminate, time to respond, termination). The RLTA starts in Title 8, sec 201.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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