More details to this question:
I forgot to make my rent payment on-time for February but then I found out on 2/14/2014 so I made the check immediately (as 2/21/2014, the check has been cashed). However, on 2/19/2014, I finally received phone call from the management office and the lady tells me right away that not only I have to pay late fee but also the court cost and attorney fee. I am totally fine with paying the late fee as the lease spells out the late fee charge if no payment received by the 5th of the month. But, I do not think the court cost and attorney is reasonable. The lease only stated such cost under federal, state, or local law and doesn't spell a date on it. The landlord is asking me to pay the court and attorney cost before the trial day to settle. in addition, I have not yet received notice of security deposit held since my lease was signed in May 2013. This has been outstanding for 8 month.
1 ANSWER
Civil Litigation Attorney serving Elizabeth, NJ
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Based upon the information you provided, the lease has to expressly provide that as "additional rent" the tenant is responsible for attorney fees and court costs. If it does not, the landlord is not entitled to it. In addition, if the landlord does not tell you where the security deposit is located, you are entitled to apply that security deposit to the back rent, and the landlord is not entitled to request additional security. Lastly, if you are successful in a dismisal of the landlord tenant matter, and if you have an attorney, you are entitled to attorney fees (new law that just took effect). Please contact me if you need assistance in this matter.
Answered on Feb 22nd, 2014 at 9:30 AM