Im in the process of being evicted. apartment complex posted the 5 day notice (court summons)on 8/31 on my door. I wasn't in town until after the 5 days were up. They gave me a settlement agreement 2 days agothat i still haven't signed(would rather not sign). In the agreement is asks for rent, late fees court and attorney fees paid in 3 pmts. I can pay the past due rent and late fees in full now but don't know if i will still be responsible for court and attorney fees even if i pay it now or if they forfeit the right to demand those fees if they take my pmt
I would also like to add that they have already accepted a partial payment from me and everywhere i look it seems they would have to start the eviction process all over when they take a pmt of any sort. Is this correct? and if so can they actually file a new eviction if i pay everything but the court and attorney fees
Real Estate Attorney
Look at your lease. If your lease says you pay for these things, you do. If you're not sure take it to an attorney to review. If you're liable for these things under your lease (I'll bet you are) and you're unable to pay 100% it's up to them whether or not they want to give you a payment plan, but in today's world coming up w/ nearly all the $ is better than having to take you to court, and if they haven't filed the lawsuit yet, that should save them some money.
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