Can my landlord evict me over late fees?
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Can my landlord evict me over late fees?
I was 6 days paying my full rent after informing my landlord I was going to be late. I paid half of the rent on time and the other half 6 days late. According to the least I am required to pay $25 a day for everyday I am late. The least does not specify when the late fee should be paid. Never the less I received a letter from my landlord stating my wife and I was being evicted due to not paying $175 in late fees. Keep in my our rent is $1100 a month a we have never been late paying it. What can I do about this?
Asked on January 15, 2012 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Pay the fees; if you cure the default, you should be able to avoid eviction. Note that it does not matter at all how much pay per month, or whether you were model tenants in the past--all that matter is that if the lease called for the payment of late fees and you do not pay them, you are in breach of the lease. If you pay the fees, most likely the landlord will drop the matter; if he does not, then bring evidence of payment to court to show that you cured the default and the court will likely dismiss the case.
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