You’ve filed numerous eviction notices the past few months on residents for numerous reasons. Late or no pay, noise violations, trash, vandalism, and the list goes on. One of your slow or late payers suddenly comes into your office with a money order for $2000 to cover the past rent. You begin thinking of the empty apartments/condos/homes you have on the property, other late payers and begin to reconsider the eviction on this particular resident. Afterall, two grand will certainly help in these troubled times.
So, you accept the money order, call your attorney to stop the eviction and all is sunshine, daisies and buttermilk. Not so fast…have you thought this through? Your attorney will want to get paid, regardless if you stop the eviction, courts will want to get paid for any time they’ve put in. Did you as the resident to cover that? Did you include that in your eviction notice? If not, guess who pays that. That’s right, you do.
No one wants to evict a resident and if the said resident ponies up that lost money, everyone’s copasetic, right? The lease may state that the resident is liable for all attorney’s fees and costs, but by accepting the rent and voiding the eviction, a resident can fight you on this, especially if she did not realize that you would be trying to take the money owed from the security deposit when she vacated.