Landlord Demanded more money then owed to stop eviction Legal??

[daybyday22001]

What is the name of your state? California
Ok I finally was going to pay the landlord all the past due rent plus late fees when she then demanded an additional $195.00 be paid to her for court cost becuase she filed unlawful detainer on 2/9/2007 the same day I paid her all the money I owed her. Well she refused to stop the legal action unless I paid this money. I was then still handed the eviction and summons compalint by her. I am concerned so should I still answer and take the matter to court so a judge could see how shady she is. On the Unlawful detainer paperwork she only requested $1840.00 which is the past due rent. She made me pay her a total of $2,145.40 for late fees and court costs. Should I have just paid her only what was asked for on the papaerwork? Granted I did not get served the papers until I was leaving and she was paid.... She is so verbally abusive as well.
Please help and thank you to all for your time to read and answer my questions.

 

[treese]

Obviously your landlord filed the UD before you paid her ... and after the 3 day notice had expired.

The landlord has the right to collect the late fee per the lease.

Read your lease to see what it states regarding tenant breach, legal fees, court costs etc.

You wanted the suit dropped ... right??? So, you agreed to pay the costs that the landlord incurred due to your breach. In return, you will not get evicted. Sounds fair and reasonable.

How is the landlord being shady? You're the one that did not pay your rent.

Landlords tend to get testy when rent goes unpaid and they are forced send out notices and file UDs.

 

[tranquility]

An unlawful detainer is about possession and not about money. Although money can be part of the prayer, that is not the point of the suit.

You received a 3-day notice to quit or pay rent. You did not pay within that 3 days, the LL has the right to sue for possession. After the 3 days, even if you tried to pay the full amount, the suit could continue.

Once you violated the 3-day notice the landlord had rights to sue and, even if it were not spelled out in the lease, she could ask for an additional amount to waive those rights. (You should feel lucky it was only her direct costs.)

I am unsure the effect of you paying only the amount in arrears and the LL accepting that amount. I would have to do research for that. While it does not seem like it would change anything, as you already have a responsibility to pay rent, there are many things which can invalidate the process requiring the LL to start over. The law is fairly technical (which is why the suits go so fast) and I just don't know the answer. My gut says no it wouldn't change the right to sue for possession, but my head knows I'd have to look it up before giving an answer.

 

[BL]

I'm not sure about your State , but I sat in on an eviction proceeding once , and the Judge told the Landlord , You excepted partial payment for the month , you can not now evict in the same month for non payment . You'll have to sue in small claims for the other 1/2 .

 

[Cvillecpm]

You need to pay the costs ASAP * $195 is CHEAP.

While "possession" may no longer be the issue in the UD, that means it does not have "calendar preference" and can still be heard in Municipal Court as a regular warrant in debt case....same paperwork, just a judge making a note at the return date.

Many states allow landlords to take rent "with reservation" and proceed with court process until all fees are due...pay the $195 and keep current with your rent.