Legal Question in Landlord & Tenant Law in Florida
I live in an Apartment Complex. I was late a couple of months in paying rent. They charged my account late fees. I did not pay the late fees. They have been charging late fees over late fees. The total amount owed is less than 1 months rent. All my rent is fully paid apart from the above. The landlord has filled for eviction. My questions are:-
1) If I deposit the amount in question in court can the landlord still evict me?
2) If i go in front of a judge and the amount is paid can the judge evict me?
Please advise.
3 Answers from Attorneys
A dispute over amount owed will not evict. Place $ in court.
You have to deposit upon filing the eviction action 100% of the claimed arrears. That will entitle you to a hearing. Why would you pay it to the Court if you can just pay it to the landlord and avoid the eviction? I am confused by your question. if the late fees are due per the lease, you do owe them no matter how annoying they may be.
Deposit the funds in the court registry. Get your hearing date. Late fees can be tricky. If you owed 10.00 for late fee in Jan. and you did not pay it, it may cause each and every month thereafter to be considered late. On the other hand, it could be that 10.00 due in Jan. is still due and must be paid but not duplicated for each and every month thereafter. Depends on the Judge's point of view. I would fight this so that if you don't have to pay, then you are better off. If you do have to pay, then the funds are in the registry and a lesson well learned. Either way, you should not be evicted but I would be careful in the future.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
