Detroit, MI asked in Landlord - Tenant for Michigan

Q: Can landlord file with court and charge court fees before the notice of 7 days has completed?

Issued 3/6/24 and court fees posted to my account 3/14/24. Willing to pay rent owed do not feel I am obligated to pay court cost. Is that correct?

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James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: When dealing with late rent payments, landlords are typically required to follow specific legal procedures, which include giving tenants a notice period before taking further action. If a notice was issued on March 6th, and the landlord filed with the court and charged court fees before the completion of the 7-day notice period, it may raise questions about the adherence to these procedures.

It's important to understand that the obligation to pay court costs in addition to rent owed depends on the terms of your lease agreement and local laws governing landlord-tenant disputes. In many jurisdictions, landlords can seek to recover court costs from tenants as part of eviction proceedings or actions to recover unpaid rent, but this usually comes after the landlord has followed all required steps, including respecting the notice period.

If you're willing to pay the rent owed but contest the court costs charged before the notice period ended, you might want to review your lease agreement and consult with local housing laws or seek advice from a legal aid organization. They can provide guidance on your rights and the best course of action based on your specific situation. Clear communication with your landlord about your intentions to pay the rent and querying the timing of the court costs might also help resolve the issue amicably.

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