The last time I went to court with my Landlord, I did sign a Stipulation without giving up my right to continue to fight the key issue - preferential rent.
The Landlord's Attorney entered nothing in the Stipulation about my being responsible for the Landlord's legal fees. (I had, about two years previously, signed a Stipulation and agreed to pay a portion of the Landlord's legal fees.) It was brought up with the Judge before the Stipulation was written. I requested an accounting of the bill - attorney's billable hours, messenger fees, server fees, court filing fees, etc. The landlord's attorney ignored the question and nothing more was said about the fees.
In the monthly statement the landlord sends me, they have continued to list legal fees. And, when in an effort to get ahead on the rent, I sent a check for more than they said was do for the rent, they applied the overpayment to the legal fees, not to the rent.
Every check I have given them says has said either "Rent" or "Deposit".
I have since found out that two tenants, when they have gotten behind in the rent, have been assessed a legal fees of $273.00, even though they were not served with legal notices. When they paid the rent, their money was applied to the legal fees. So, this is a practice of the landlord - to apply legal fees when a tenant is behind.
In going through my rental history of payment, I see that there have been times when I was late on the rent and this $273.00 fee was assessed with no legal action on the part of the Landlord. This fee was assessed when I was as little as eight days late with my rent.
My question is, do I owe this fees with no itemized accounting of the amount and no Court Judgement or Stipulation stating I owe these fees?
Sorry for the long explanation. I wanted to give as much information as possible.
Thank you for any help you can give.
Maria