Do I have to pay court fees on a unlawful detainer if I have paid my rent before the court date?
594574
Costs & waiver of costs:\n\nYou will have to pay some costs and expenses. \nThese can be:\n \nFiling fees, \nProcess Server's fees, \nMotion filing fees, and \nOthers (See Civil Filing Fees). \nYou can get a Waiver so you don’t have to pay these costs. But, you must be low-income to qualify. \n\nLook at California Rules of Court 985 (i) and 985 (j) to find out if you qualify. \n\nTo learn more about cost or fee waivers, see California Civil Practice, Procedure, West Group. You can find this in the law library.
475820
No.\n\nTypically in most states (Florida included) this is governed by the lease.  However, before you're "evicted", the landlord generally has to sue you for "posession" of the property.  Most landlords, unless they really want you out, will accept full payment of rent and stop the eviction process.  If you do that before the court awards the landlord possession, you can probably avoid that step.\n\nGood luck.
340233
There will be specific provision in your rental agreement covering this. \n\nBasically under a contract you can only vary it with either the agreement of both parties or specific provision in the Agreement.  \n\nCheck for wording like "break clause"; "termination" and the like.  There is likely to be a payment equal to a few months if you break early.\n\nGood luck.
635058
It is probably related to court costs, but you should call the court clerk and ask.
958184
Yes, you will be asked to negotiate with a Mediator and the Landlord before you go in front of the judge.  You might be able to resolve all your issues at that time.  Don't be afraid.  You can handle this just fine.  Good luck.\n\nThis is usually how they handle civil matters with respect to money.
108616
If you are only paying for the location on rent. The land lord can evict you. He can go to court and get an eviction, you get served. 30days is the usual time. He can have a constable come and force you to move or move your trailer off and store it and charge a fee for storage, so pay up or get out.
504828
This is probably TERRIBLE legal advice, so you'll want to see a real estate or unlawful detainer lawyer in YOUR community before relying on anything I say here.  But nevetheless, here's ONE possible answer... \n\nSue the original landlord for fraud, prepare to move, buy a new home with no money down, plead with the bank, sell all your stuff,.  \n\nPending foreclosures are always listed on public record amd technically, you had "constructive notice" of the foreclosure before you moved in.  But tenants almost never check such things.  \n\nSome police departments or District Attorneys' offices might be interested in real estate fraud like that.  I like the technique of asking the local police department to call-up the landlord on the day before Christmas, and say "I'm going to arrest you right now, and keep you in jail away from your family until after New Years Day unless you give all that money back within the next 24 hours."  I had a cop do that for me, and the rip-off artist suddenly showed up at my door with cash in hand.\n\nDo not pay the original landlord ANYTHING until you have a satisfactory explanation -- but DO put any rent due into a segregated bank account to pay to the bank (or whomever it is owed to).  Write a letter to the original landlord, copy to the bank, stating clearly what has happened.  Keep a copy of your letter to show the Judge if it goes to court.  \n\nIf you reciive an unlawful detainer (e.g. a lawsuit for eviction) offer to pay the new landlord.  Technically, this makes you a tenant at sufferance (e.g. entitled to possession until evicted) and entitled to pay the rent to the new landlord once you see that ownership has actually changed.  The new landlord might or might not accept your rent.  Call the bank and plead rip-off.  They're not responsible for causing your troubles, of course, but some bankers do have warm blood in their veins.  In some situations you might demand a refund of the lease money from the NEW landlord, particularly if they received an assignment of rents -- as some courts might permit imputation of rental receipts to the new landlord -- but usually not.  Don't hold your breath, but don't hesitate to make the demand.\n\nYou'll want to start earning more money than you presently do... none of these tactics are likely to work very long.\n\nIn most states the new landlord is required to give more like 30-days notice rather than 3, so the possibility does exist that you could win unlawful detainer lawsuit (again don't hold your breath).   Be prepared to lose in court, to your new landlord.  Then you'll have an unlawful detainer on your record, and convince all other landlords not to rent to you.  \n\nYour local unlawful detainer Judge might have mercy.  Bring your documents to court and plead rip-off.  Somebody might help you (but again, don't hold your breath.  You might turn blue and expire.  \n\nLive and learn... It is better to be on the receiving end of this sort of transaction, but some people would then require medication to be able to sleep at night.  This is what causes drug addiction, which in turn makes people into thieves.\n\nYou might also consider staking out the landlord's home and giving a piece of your mind.  But he might give you a piece of his fist -- so don't be too demanding unless you carry a gun.  But if you do carry a gun, don't go to the landlord's house unless you also plan to move to Bombay.   I do hear that rents are far cheaper in Bombay, though you may want to set aside some extra money for all the extra antibiotics you'll need there.  If you do move to Bombay, set aside some extra money to donate to the local Leprosy Foundation, and count your lucky stars that you once-upon-a-time had a place to live (for awhile).\n\nDemand a refund, though you won't get it voluntarily.  Be prepared for the landlord to claim bankruptcy -- you'll have to give notice to the bankrupt
854924
First of all, the fact that your landlord has a late fee does not give you blanket permission to be late.  \n\nThey say you were served with a Notice to Quit on 10/16.  You had 3 days to pay or they were going to terminate your lease for late payment(s).  You didn't pay.  They terminated your lease.  If they accept any more rent from you, it will make their notice invalid and unenforceable.   In other words, they don't want your money ... they just want you out because you always pay late.\n\nIf you never got the Notice, you may be able to challenge this in court.  Also, you need to find out the laws in your state to find out if one notice is enough to get you out.  Every state has laws on how the notice must be served, what the notice must contain, and so forth.  Perhaps they did not follow the law.\n\nIn any case, they need a court order to get you out.  Once you stay past the vacate by date, they will file in court to have you evicted as a holdover tenant.  You will get a chance to challenge the service of and the legality of the notice at that time.
898866
I just took a look at that "free" standard agreement, and there are a boatload of problems with it.  My office gets landlords in all the time who have managed to screw themselves royally with those free forms, Staples leases, landlord.com crap, etc...  \n\nMany clauses in those leases are unenforceable because they go against state or local law.  People can't sign away their rights.  It just doesn't work that way.  Those agreements aren't written with your best interests in mind nor do they protect you or your rights in many instances.   They are like sugar pills ... you feel all secure but in reality it's worthless. \n\nThis lease doesn't include the all important term "right of reentry" which allows you to legally reclaim the unit using the notices and causes for eviction provided by the laws of your state if the tenant fails to abide by the terms of the lease. If you didn't reserve the "right of reentry" in your lease, you have given up your right to evict for anything other than non-payment of rent.   \n\nSome other problems with this lease:\n\n"A finance charge of up to 10% of rent not paid will be automatically charged to the Tenant’s account after the fifth day of the month."   Many places have laws that limit the amount of late fee that can be charged, no matter what the lease says.  This amount may or may not be legal where you are.  And many states have laws (either statutory or case) that protect people who are on pensions and such from being charged late fees at all if their checks are issued on the 5th or whatever.\n\n"If the tenant’s rent is past due and the landlord exercises his legal right to seek a judgment against the tenant in court, a $xxx fee shall apply in addition to court costs, late fees and rent due." That's basically a usury charge, and I'll bet it's unenforceable in almost every state. \n\nAlso this lease doesn't state that the court costs or late fees are considered "additional rent", and as such you probably won't be able to claim them on a non-payment complaint. \n\n"If the tenant abandons the property, the landlord may enter and relet the property. In this case, the landlord may also remove and dispose of any personal property left behind by the tenant."  Want to get sued?  You need to take legal action to regain posession of the apartment, and you must follow the law in your area regarding abandoned property.  You can't just toss it out.  Let's say your tenant disappears.  You think he abandoned the place, dump his stuff and re-rent the unit.  Your tenant shows up in a month or two and guess what?  YOU are the one in trouble.  You didn't regain legal posession of the apartment.  Those people are living in his apartment.  You threw out his stuff.  You are going to pay for this through the nose, and the few hundred dollars he owes you will be deducted from the thousands of dollars you will owe him.   We had one tenant as a client who was wrongfully detained for over a month in a foreign jail while on vacation.  He  came back to find new people in his place and all his stuff gone.  The settlement our office got for him was probably twice what most people reading this make in a year.  The landlord could easily have avoided this by taking the legal steps required to reclaim the unit and by placing the tenants belongings in storage as required under the law. \n\n" will return the balance within 30 days. The tenant must give the landlord written notice of the tenant’s new address or make other arrangements with the landlord for the return of the security deposit."   If state law say you have fewer days, then that's all you have.  In many places, if you don't return the deposit or a written statement why it is not being returned (unpaid rent, damage, etc) within the time frame allowed by law, the tenant is awarded 2 or 3 times the amount of the deposit.
569485
If you read the back of the ticket you will see that you had 15 days in which to pay voluntarily which was even a reduced fine. Now it's too late, you must attend or you won't have an opportunity to fight it. If you don't want to fight it the court will make a ruling that you have to pay and if you don't you won't be allowed to renew your drivers license. My pet peeve is when people ask these questions they don't say what country or state they are in so you may not be getting a correct answer from ANYONE on this. Please just go to court-play it safe! And since you will be there anyway-just contest it-believe me-it's FUN and you have more than an 80 percent chance of winning as the cops rarely show up due to rotation on their shift or they are usually too busy or needed elsewhere. If the cop doesn't show but you do -you're walking out of there with all your money.
695861
If he wants to collect money from you, he'll have to take you to court... if you lose and owe him money and fail to pay, then your credit can be damaged.  But your credit is intact until your time in court... be sure to check it periodically.  As for the bad reference, don't worry about it.  Many places don't check... and if you have proof you paid your rent every month, you can always supply that information.
433979
how much were the late fees?? for 3 days?? if it was in the agreement and the fees were "reasonable" then yes. The landlord can charge any "reasonable" amount that reflects the landlord’s actual losses because of the late rent payment. Here's the catch though;  late fees should not be designed to penalize the tenant; unreasonably high late fees are usually not enforceable. Courts in some jurisdictions have held late fees that are $1 a day to be excessive.  Courts in other jurisdictions have held that charging $40 for being one day late is not excessive.  What a court considers to be an unreasonable and excessive late fee depends on the jurisdiction the property is located. Landlord tenant law is very complex, varies by city, and is constantly undergoing changes.  An experienced landlord-tenant lawyer can advise you of the exact rules your city has regarding late fees and can protect your rights. If the late fee is excessive and unreasonable, a court may declare the clause in the lease containing the late fee provision void.  A tenant may also be awarded money to penalize the landlord if the late fee violates a city or state law. You have to becareful with some landlords, especially in ca (i've lived in the bay area)..just b/c it is in the rental agreement does not make it legal.. contact the LEGAL AID office in your area to make sure what they are doing isn't illegal. Your situation sounds kind of fishy though.. double check to make sure, i might be wrong but it seems kind of odd. an eviction will become part of your 'record' so don't take the matter litely..good luck hon!
840254
You are right in saying that these people have a right to know the truth about this man but if it's his place than yes, he can evict you regardless of your lease or whether you pay ontime. It will help should you have to go to court over this but know that if it gets that far, as long as you can prove residency for at least thirty (30) days and you receive mail there, it will take 90 days for him to officially evict you. So you will have at least three months to find a new place. Only then will the cops come to your place and actually watch you move all your things and you leave the permisses. It can get terriably ugly so see if there isn't a way to smooth it over in the mean time. That is if you really want to stay there.
378287
NO!!! Unless your landlord has gone through the procedures (i.e. the court system) to remove you from your apartment for nonpayment of rent or any other breech of the lease, they CANNOT constructively evict you.  Call the Attorney General's office and ask them for a tenant's rights guide and in the meantime get some bolt cutters and cut the lock.  Of course, if your landlord DID go through eviction proceedings in court, you're out of luck.
238894
yes you do. but you may have to prove that it is yours and you must have the police there with you. one exception if you rented the place and you left owing any rent they can hold it till you pay the past due amout but they have to send you a legal notice
647578
A default judgment is entered. Usually you are sent a copy of the judgment and if you are not out by the time specified in the order or by state law, the landlord asks for an execution which authorizes someone to move you out.\n\nIf the cause is failure to pay rent, it can be very short.
898572
You still have to pay, so pay but tell the clerk that you want to fight the ticket. She/he will schedule you and the officer that gave you the ticket to court. Then if you win or he doesnt show up they give you the money back.