If evicted should you pay for charges such as terimnation fee, carpet cleaning, and late fee.?

Question

Due to self defense roomate discharge a firearm in the community. We were given 3 days to be leave the apartment. Rent is due on the 5th and was evicted on the 5th. Landlord charging us with late fee, terimination fee, carpet cleaning, stove, refrigator cleaning fee, and all these fees equal up to 1100 dollars, but there was no security deposit issue to us.

Answer 1

Short answer, NO.

Now, the key to you fighting this is if there is any legal reason for the landlord to evict you. Were there criminal charges filed against your roommate for discharging a firearm? does it say anything in the lease agreement / rental agreement about possessing a firearm? What are the conditions for termination of agreement in the lease? You need to read it carefully, especially since you were only given 3 days to leave. Most agreements state that you have 30 days to remain in residence once you are given notice of eviction. However, something like that would only be valid if there are no other stipulations in the lease that were violated.

I think you'll end up having to pay if you don't want to go out and hire a lawyer, but I think that you have legal rights that are being violated (based on what you've described).

At a minimum, the late fee shouldn't be charged. The cleaning fees are standard when someone leaves an apartment, but usually only when a security deposit wasn't paid.

good luck!

Answer 2

Yes, it's not the landlords fault you lived with a crazy person. It cost the landlord a lot of money to get the place back into shape to rerent. If you had ended your lease on normal terms you would have had to leave the apartment in like new condition and the same is expected here. Just because the actions of your roommate got you thrown out, you still need to treat the property as you would if you had given notice. You are still responsible for the lease terms as well regardless if you are allowed to stay there or not. It sucks, but next time choose a better roommate and you may be able to avoid charges like the ones you are encountering now.

Answer 3

First of all unless you live somewhere with some screwy laws a landlord cannot evict you with 3 days notice. The process typically takes at least 60 days. That would give you the time to clean up and repair any problems. If the house is clean when you leave and there are no defects other than normal wear and tear they cannot add these charges on. They may be able to get the remainder of the lease though, so seek some good legal advice on housing.

Answer 4

The carpet cleaning, stove and refrigerator cleaning fees are unavoidable. That would be there regardless of the situation. The late fee is kind of suspicious. Technically, you did owe for the month by the 5th. Even if it was a reduced rent for just a few days, it was due that day. The termination fee is BS. If they are evicting you, you are not terminating the lease early, they are. I would challenge that.

Answer 5

In Canada under most circumstances the tenant is responsible for these fees. However if you paid a security deposit that is required to be applied to the bill or returned to you with interest. I would advise that you locate and contact you local tenant protection authority. A phone number or address should be located somewhere on your eviction notice if proper procedures where followed.

Answer 6

Some you will have to pay for, and some you might.

Will have to pay for:
Body removal fee, Termination fee, and Carpet cleaning fee

Maybe:
Refrigerator cleaning fee (if used to store the body), Stove cleaning fee (I hope not), Late fee (...only if it is less than an additional termination fee. If you catch my drift)

Answer 7

Most leases will stated that it is your responsibility to leave the apartment in the same condition in which you found it with a small allowance for wear and tear. Suck it up captain, you are responsible next time pick a better roommate.

Answer 8

You violated the terms of the contract and owe the money. Pay up.

Answer 9

duck it, they wont know where you live anymore

but besides that, if it was in your lease you are liable. Given that the LL did not take a security deposit tells me that he/she is probably not too up on things.