Do I have to pay attorney’s fee to my landlord?
March 16th, 2011 | 
Author: I couldn’t pay rent this month but I finally got enough money to pay it and the late fees. But my apartment landlord stated that they won’t accept the payment cuz it got pushed to court and that I need to pay an extra $375 for the attorney fee before they will take my payment. I live in an apartment in Ohio and it’s a section 8. I was just wondering if I should pay the fee? I have the money but I don’t want to because it can very well go towards my rent for next month. I’ll be dirt broke if I have to pay it. I have limited work hours and am trying to find another job but with no avail. I read somewhere that section 8 housing is government funded which means that what the rent is stated on the lease is what it is and no matter what the lease says about attorney fee or not they can’t evict me if I have rent money but can’t pay the attorney fee. Is this true in Ohio? Also, what can I do to make them show me proof that there is such an attorney and fee if I do have to pay?
Unfortunately I don’t need answers saying “you don’t get special treatment” or “why don’t you have money to pay”. If you read carefully I state my hours a work were cut and I am havig a hard time finding a second job because of the economy. Also I’m not looking for special treatment I just wanted to understand the laws of rent and real estate better. I am avoiding to pay the fee because I don’t want to not have money for rent next month if I still can’t find a second job. So anyone with anything else negative to say I don’t need to hear it. I got my answers from the nice people here who are helpful and actually answer questions not read poorly and criticize.
P.S I am not putting screws in the people who trusted me to sign the contract. The economic situation hasn’t improved and I’ve actually lost job hours and can’t find another job quick enough. Everybody will fall on hard times it’s not like I didn’t pay my rent in advance before. I’m struggling, not conning people.
Posted in Landlord Tenant Law
If you signed a lease agreeing to pay attorney fees, which is pretty standard, then yes, you are responsible. You’re already being subsidized by the government. The least you can do is not put the screws to the person who trusted your signature on a legally binding contract. If the attorney’s name is on court documents, which you should have been served with, you can assume that they had to pay him. Additionally, the lease most likely has a provision for how much you would be charged in the event of a default.
Read your lease, i believe you will find a clause permitting attorneys fees.
You are right in requesting proof of the fee.
YES! When you get evicted the attorney’s fees and court cost get added to what you owe. If you do not pay then it will go to court and they will order you to pay it anyway.
NO! That is NOT true. Section 8 tenants must pay late fees and things just like any other tenant. You can be evicted just like anyone else. You do not get any special treatment.
They should have some kind of invoice.
EDIT: I was not trying to be rude. It just seems like a lot of people on Section 8 think that the rest of the rules do not apply to them and that is simply not true. Other then getting help to pay your rent you are the same as everyone else………….that is all I was getting at.
I have nothing against Section 8. Some of my best and longest term tenants are Section 8.
UNFORTUNATELY YES YOU DO! ALL THOSE FEES ARE INCLUDED IN THE JUDGMENT SORRY . THAT HAPPENED TO ME. OR YOU COULD JUST GO TO COURT AND SINCE YOU HAVE THE MONEY THE JUDGE MAY TAKE THAT INTO CONSIDERATION AND GIVE YOU A WAIVER.
You should talk to the folks at what ever agency in Ohio handles Section 8 about your eviction and you should read your lease about attorney’s fees. If its in there and you signed it then you are responsible for it.
They wont accept payment because you are under eviction and if they accept any payment at all then they will have to start the process over.
Generally, when it gets to this point, they probably want the apartment back and you out. Sorry.
When you are talking to Section 8 you should ask them if an eviction is going to disqualify you in the future.
Not sure about Ohio specifically. In other states, the eviction process starts with a 72-hour quit or pay notice during which time the tenant can pay the past due rent. Thereafter, the landlord can choose to pursue the eviction or accept a settlement.
From the landlord’s perspective, they have already lost money on you. They have to pay the court fees and legal fees to get you out, so it doesn’t make sense to them that they should settle just for rent.
It sounds like your landlord doesn’t want to settle for less than your actual balance due (past due rent, late fee, court fees, attorney fees). If the $375 includes the court and sheriff fees, then it sounds like a reasonable cost. Although they can show an invoice from a lawyer to prove their costs. If you’re that concerned, then pay the fee in court with a written agreement.
BTW, if you’re Section 8, why didn’t you have enough to pay the rent? The whole point of renting to tenants on Section 8 is the assurance that tenants will have rent money.
Pay it already before you get evicted