My landlord served us with court papers on the 24th for eviction due to non payment of Decembers rent, however, they signed an agreement on December 16th with a local organization accepting a payment for $600 on the organizations behalf. In the document it states that payment will take a few weeks to process and they still accepted and signed and my husband and I paid the difference on the 8th. Can they still take us to court for December even after they accepted our payment and signed the agreement? I hand delivered a letter to them explaining that I understood they had signed an agreement with the organization for assistance with the month of Dec. And requested they drop the case. They stated that they would drop it if I paid the $600 for December and that I would also be liable for the attorney fees since they had to get an attorney to send in the court documents. Can they do that?
Dropping an eviction case would be a voluntary act on the part of the plaintiff, who can condition that act on anything , including payment of attorneys fees. For some tenants, there is great value in not having an eviction on a credit record, so paying the attorneys fees might make sense. On the other hand, if the rent was brought current before the case was filed, the eviction action may fail and no attorneys fees awarded. Review by local experienced landlord/tenant counsel or Idaho Legal Aid Services would be very helpful.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.
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