Legal Question in Landlord & Tenant Law in New Jersey

I paid my rent late with a late fee, my landlord filed in court any way and is tryingto getthat legal fee after the fact.what can I do. My husband is on Social Security. I thought I had once read that legal fees could be added rent for if on Social security is this so ?


Asked on 6/02/11, 11:50 am

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

It depends. If the grounds for eviction is non-payment of rent, and you were current at the time the landlord filed the complaint, then the landlord had no basis to file the complaint. In that case, any attorney fees to do so would have been unnecessary.

In addition, even if attorney's fees were legitimately incurred, you cannot be forced to pay them to avoid eviction unless you have a written lease and it contains a clause which specifically says that attorney's fees shall be considered as "additional rent." The fees also must be reasonable.

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Answered on 6/02/11, 1:42 pm


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