Can the late fees be subtracted from the rent payment?
I know we are facing an eviction warning. I'm a mother of a toddler and a newborn.
1 attorney answer
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.