Do I have to pay attorney’s fee to my landlord?

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.

What do I need for my eviction hearing?

I am the landlord, I am going to the courthouse to file an eviction notice on my tenant. I would like to know EXACTLY what I will need to bring to the actual court hearing. This is the situation, this is not a normal circumstance:

Ther person renting is someone who is a friend of a friend that I owed a very big favor to. There is NO LEASE. I was giving them a very reasonable break on the rent, like a couple hundred less than I would normally rent it for.

They stopped paying 2 months ago, and it has come to the point where I must evict. This person has not returned a call, email, letter, or anything. I sent a 3 day notice like 2 weeks ago.

I have the persons name and phone number, but we never did a form giiving me his social security number or anything like that.

I am evicting for non-payment.

Please be as specific as possible. I don’t want to spend 600 on a lawyer when this certainly seems like a very easy eviction.

I am just thinking I need copies of the forms I file, and a copy of the 3 day notice I sent.

What else could I possibly need? Do I need to bring something that shows the house is in my name? I just don’t want to forget something stupid and have to do it all over again.

Any help will be appreciated, thanks.
There is no “evidence”. I can’t prove he didn’t pay. He needs ot prove that he DID.

can I sign a eviction hold off agreement?

this month im going to be late for my rent i get paid on the 11th of feb rent is due on the 3rd of every month. Before landlord files an eviction and worse things can I sign a eviction hold off agreement form? does every apartment in texas have the right to do that? I’ve done this before on my previous apartments and I had to pay $90 up front before sending me to court. Then I had to pay the fee plus rent before the 15th.

Complicated question for an attorney re: civil suit against former landlord who filed for bankruptcy?

I had a 3 year lease, my landlord lived out-of-state, he stopped paying the mortgage on the house I rented, used my rent money to pay on his home in TX and filed for bankruptcy when the IL house I was renting went into foreclosure.

I sent him notice that I was moving out in 45 days when I found out he was losing the house. I was current with rent, left the house immaculate (took pics, videos, and a statement from this real estate agent that I left the home in beautiful condition).

He agreed in writing to my move-out date, and also put in writing that HE broke our lease. I did not pay him the last month’s rent ($2000) because he owed me the $1800 security deposit and another $475 in lawncare expenses and some smaller maintenance expenses (I have that in writing from him, too). As he had filed BK I did not feel he would pay me those monies which I why I did not pay the last month’s rent.

LOOOONG story short, he sued me for the last month’s rent, added on another $1000 for the 5 days extra I took to finish moving out (he was not offering the home to rent to anyone else, no one was viewing the home – he lost no money as a result of those 5 days).

The day of court, I showed up with my attorney, all my paperwork, receipts, etc and my landlord did not show up but his attorney did. 11 months later I missed a follow-up court date as I was NEVER served or sent notice of the appearance and of course, a default judgment was made, plus fees for his attorney and court costs.

Sorry, long-winded – but here is my question: Can I sue the landlord for return of my security deposit, the lawncare service fees, etc – all the things I have in writing that he owes me? The attorney I had initially hired cost me $650 to show up in court the day my landlord did not. As he already filed for bankruptcy, if I won, he would have to pay me, correct? He is working – I know what company he is now at.

I am in IL and he is in TX which I understand has some kind of homestead rule where creditors cannot put liens on property or garnishee paychecks.

Thank you for advice!
Thank you both very much for replying.

The ex landlord filed his BK over a year ago, so I would think it would be completed by now. I figured anything he gets sued for after it is discharged, he would need to pay? I am certain the money he owed me was not included in his filing – I was never contacted by the court as a creditor.

I do not have funds right now to pay my attorney additional money (got laid off a few months back). So…no money for him – no help from him.

Regarding my getting served about the second court date – no I did not move. When I called the landlord’s attorney, he stated he sent me a notice via regular mail to my correct address. Did not get it. I am working on getting the judgment set aside, but as I found out about the default judgment more than 30 days after the fact, this is a bit difficult.

You are good folks for helping me out – thanks!

Letter from landlord’s attorney saying that I’m violating my lease by subleasing. Pls. give advice?

My fiancee moved in w/me to cut down the expense of our wedding which we intend to stay in the apartment until we find something bigger. I notified the landlord via letter to be placed in my rental file as stated in the month to month lease agreement. Now she is trying to have us evicted because she says that I’m subleasing because my fiancee has been paying the rent from his checking account. Three months ago, I filed a claim against the complex because my vehicle was damaged due to her negligence of not notifying the tenants that the entrance gate was broken. Every since then I have been have problems with her. Oh year, let’s not forget that other tenants have people living with them that are doing the same thing and not having any problems with the landlord! What should I do?

Eviction notice question?

Im a new lanlord and need to evict my current tenants for non payment but im new to this as i said, and i need some assistance in writing a ” eviction notice ” how should i word it and what should be included? I dont have a c.c to order any forms online.. I want to be able to make it official and lagintament , im living in michigan if that helps.

Landlord/tennant ? for attorney! re: ‘Is my Lease Legal’?

OK, I have my original 12 month lease and then I re-signed another 12 month lease, which I am 1/2 thru now. I recently discovered that the original lease said ‘LANDLORD’ pays all gas/electric/water, when I have been paying it to the tune of about $3,850, for the last 18 months. ****NOTE/FYI: I live in a house with its own individual address; however, I am located right behind an medium size apartment complex, whom actually owns my property and that is who I pay my rent to ‘XXXX Apartments’. But the apartment has their own totally seperate address, even on a different street from me. (I will call the apartment XXXX Apartment and their address as 1234 1st St., Tucson, AZ and my name Jane Doe and my address 6789 2nd St., Tucson, AZ)

OK, so my original lease reads as follows:
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into February 1, 2008 by and between the XXXX Apartments, hereinafter referred to as LANDLORD, 6789 2nd St., Tucson, Arizona and Jane Doe hereinafter referred to as RESIDENT witnesses:

It is hereby mutually understood and agreed, that each individual signing this Lease under the title of RESIDENT agrees to the entire performance of the covenants and agreements contained herein and individually assumes the entire responsibility of the same as though he or she were the sole signer of this instrument, and that a violation of any of the provisions herein by any one of the makers is construed to be a violation by each and all of them.

1) TERM. This Lease will be for a period of Twelve (12) months beginning February 1, 2008 and ending January 1, 2009. A thirty days written notice to vacate is required to be submitted by either party of this lease in order to end this Lease agreement, whether or not the Lease term has expired and regardless of the amount or total of Lease payments made by RESIDENT.

2) PAYMENT: RESIDENT will pay as a Lease payment the sum of $11028.00 payable in monthly installments of $899.00. Monthly rental will be $899.00 less a N/A discount of $0 for a total rental payment of $899.00. If paid on or before the first day of each month during said term at 1234 1st Street, Tucson, Arizona. In the event, etc. etc. etc. it goes on and on for a total of 3 legal size pages, ending in both my and the ‘previous’ office manager’s signatures.

Now, the reason my landlord is saying the original Lease Agreement is because of the way the addresses are listed. (see my explanation of the way I am using ficticious addresses). So now, when I am trying to tell them that 9) on the lease clearly says in black and white that UTILITIES The LANDLORD will pay for electric, water, gas and related deposits for the Lease Premises through the expiration of the Lease term, or through the end of the tenancy by RESIDENT, whichever comes later., etc. etc. etc.
Anywa, the ‘new’ office manager at the apartment where I pay my rent to, says it is not valid and that I am actually living here on a ‘month-to-month’ lease and now she wants me to sign a new lease. (FYI: the former office manager, with whom I originally signed the lease with and who worked here for a couple years, has since been let go for allegedly stealing from the apartment, I don’t know if it has gone as far as ’embezzlement’?

Now, after my ‘Lease Agreement’ expired, I think it was 2 months later, the ‘again former office manager’ had me sign a ‘Renewal Agreement’, which reads as follows:
RENEWAL AGREEMENT
This renewal agreement dated March 1, 2009 will become a part of the original lease dated February 1, 2008 between the XXXX Apartments, 1234 1st Steet, Tucson, Arizona, 85712 and Jane Doe for the apartment located at 1234 1st Street, Apartment No. __house______ Tucson, AZ 85712.
ETC, ETC, ETC,
Again, the landlord is also saying this ‘Renewal Agreement’ is also not valid because of the address discrepency, it does list the apartments address on the Renewal Agreement (even though it listed my correct address on the original Lease Agreement but didn’t go on to mention the XXXX Apartments address until 2) under PAYMENT. But, in the Renewal Agreement, even though it shows the apartments address and then Apartment No. _________________ (above the line they typed in ‘house’) So it was obvious that I was who they meant. And thats how I pay my rent in an envelope every month. To: XXXX Apartments – From: Jane Doe in the house.

OK, so are there any attorneys out there who can tell me if the original lease is valid or not. And if the lease renewal is valid or not. Or if they both are or not. What should I do?

Thanks to all for reading and sorry this is soooooo long.

God Bless
EXTRA INFO: 1) I know I should have read the lease more thoroughly before I signed it, but I neglected to mention the fact that I am disabled, both physically and mentally. Not that that is an excuse, I just get really confused easily and, actually, I put the lease in a ‘good spot’ somewhere a long time ago, only to find it just last week, when I actually had time to read it.

2) The reason they are trying to get me to sign a new ‘correct as they say’ lease instead of my supposed illegal and incorrect lease so I am on a month-to-month is because if I am going to be month to month, which they said is fine, but then month-to-month, is about $100 more per month, maybe a little less. So it would be in my best interest financially to sign a correct one they are saying.

Also FYI: I actually do NOT want to live here anymore anyway. So I would be glad to get out of here!