landlord started eviction coz of late payment

[nesvetlana]

What is the name of your state (only U.S. law)? California

Let me tell u a story guys. I'm from Ukraine and came to California to study. So i rented an apartment in big complex. management took from me deposit the same as rent ($1145). we also have late fee - $60. couple of times i did pay a little late my rent but always paid late fee with it.this month (June) i had vacation from school that's why didn't get the management notice to pay as soon as possible. so i made money order on the 15th of june and sent to them (with late fee of cause). couple of days later i got letter from court that my landlord sued me. and i got online letter from my landlord that they got my payment but don't accept it as consider it to be partial, right now they want plus to it $550 as litigation fee. i'm not from here and really don't understand what should i do in this situation. can i request them to send back my money order? as they also keep my deposit. or should i just stay here without paying their litigation fee (i have even no idea for what is this fee) and just wait while they evict me through court? to tell the truth if i can get at least some of my money back - i'd like to move out to another place,as they really drive me crazyWhat is the name of your state (only U.S. law)?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? California

Let me tell u a story guys. I'm from Ukraine and came to California to study. So i rented an apartment in big complex. management took from me deposit the same as rent ($1145). we also have late fee - $60

.

Are you on a lease, or is it verbal month to month. ?

couple of times i did pay a little late my rent but always paid late fee with it.this month (June) i had vacation from school that's why didn't get the management notice to pay as soon as possible.

You "forgot" rent was due, because you didnt get the notice? that means you probably pay late alot. which is a cause for an eviction.

so i made money order on the 15th of june and sent to them (with late fee of cause). couple of days later i got letter from court that my landlord sued me.

You got this letter, but not the letter saying your rent was due? (which they don h ave to do btw, just notify you that they are going to start litigation.

and i got online letter from my landlord that they got my payment but don't accept it as consider it to be partial, right now they want plus to it $550 as litigation fee.

What does your lease say about this?

i'm not from here and really don't understand what should i do in this situation. can i request them to send back my money order?

They are not going to send you your money back.

as they also keep my deposit.

If you leave with rent late fee or litigation fee due, then yes he can take it from there.

or should i just stay here without paying their litigation fee (i have even no idea for what is this fee)

If they have to take you to court for anything, you pay their court and attorney fee's. Sounds like what happened.

if you have proof of when you sent the rent, and that shows to have been recieved and cashed before they started their court case against you you might have just a broken leg.

if you didnt pay until after you recieved the court's papers... then your legs are chopped off.

if you just stay without paying the fee, that is listed in your lease, then they can compleate their current complaint in court to have you evicted.

and just wait while they evict me through court?

I doubt that will take too long...

to tell the truth if i can get at least some of my money back - i'd like to move out to another place,as they really drive me crazyWhat is the name of your state (only U.S. law?

well your not getting back the rent you paid, and not the security if you leave a lease, or if the judgement aginst you is the amount of the security, or you leave the place trashed.

security deposits are a whol different matter

 

[nesvetlana]

i didn't pay before 1st of month couple of time but i thought if i have late fee in my contract, so this is it. i have 1 year leasing agreement. i didn't get theit notice ontime as was out of town. and it's occurred that they sued me the day before i send them check. and i didn't find any info about litigation fees in my contract

 

[Zigner]

i didn't pay before 1st of month couple of time but i thought if i have late fee in my contract, so this is it. i have 1 year leasing agreement. i didn't get theit notice ontime as was out of town. and it's occurred that they sued me the day before i send them check. and i didn't find any info about litigation fees in my contract

A late fee doesn't give you "permission" to pay late. Your rent is due on the first. The LL has bills to pay too, and by not paying, you put the LL in a difficult position. The LL now wants you out in the hopes that he can find a tenant who will actually abide by their agreement.

 

[Banned_Princess]

i didn't pay before 1st of month couple of time but i thought if i have late fee in my contract, so this is it. i have 1 year leasing agreement. i didn't get theit notice ontime as was out of town. and it's occurred that they sued me the day before i send them check. and i didn't find any info about litigation fees in my contract

If there are no litigation fee's, and if your contract also does not have any court costs language (only you know for sure) then send a certified letter that says " my lease does not have any court cost clause, so I am not paying it. Take me to court if you think I'm wrong"