In the month of July we paid the rent late and in August we paid the rent and the corresponding late fees. But the landlord told us that we still owe because we pay the late fees "late", so all these months she subtracts the late fees from the rent and tells us that we still owe money . She says that we are late even though we are paying all the rent.
I know we are facing an eviction warning. I'm a mother of a toddler and a newborn.
The legal analysis would start with a review of your lease, and then extend to any communications which have occurred, and any accountings for the rent and late payment.
Typically, a lease will state that late fees constitute additional rent and that any payments go first to the additional rent. So, if the late fees are appropriate, then the landlord would be within her rights to pay the late fees first.
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