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my landlord constantly adds unknown late fees to my account. the lease says 10% of the rent, rent is $1380, my late fees have always been more than $138, and they keep going up. also in march my property manager forgave all late fees for march, then said if we had late fees going back farther than march they were also forgiven, in which case a credit should have been given to all tenants in the amount of their late fees. my lanlord gave me a 3 day notice on may 9 and i gave them $800 on the 13 of may. they did not credit my account with the money and 2 weeks later have started eviction process for the amount of $2024, they are holding onto my payment and not crediting my account the 800 i gave them. this folows in their practice of mistaking the balance i owe. i have tenant ledgers going back to beginning of my lease showing that late fees were calculated after the 3 day notices were posted, with incorrect balance and no late fees showing up. my court date is June 3 at 9 am in douglas county.
You have a right to Answer the Complaint and demand a trial. At the trial your Landlord will have the burden of proof and you will have an opportunity to force the Landlord to produce and accounting of the fees etc. This could get complicated, I recommend at a minimum spending an hour or two with our Landlord / Tenant attorneys to prepare for trial or to have our attorney review your Answer before you file it.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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