Ok this problem is a very long story. Ok my grandmother is renting a home in Palmdale, California. She was injured at work and she is now on disability and social security. She is getting about a thousand dollars more a month then she was while she was working. When she was working she would recieve her checks every week, then when disablity and social security started, she would recieve checks every other week. Because of that, she and the landlord made a verbal agreement that the rent would be do on the 10th of every month, instead of the 1st. There was a month where the papers to show that my grandmother still needed to be on disability didn't make it into the office. About a month went by where she wasnt able to pay the rent. Her normal rent is $1,391.00, and the landlord is charging $50.00 a DAY late charges. So the month she was late she sent him the rent and another $1,400.00 dollars for late charges, this all happened in October 2005. She then got caught up in November of 2005, December went by fine. Then she had a scheduled spinal surgery for February 2006', and in January she paid him $1,500.00 the first week of January and then $1,400.00 the second week, because she didn't want to owe him any money while she was home from the hospital. Her surgery was posponed to March 20, 2006. He comes to the house on the 1st of March, saying that my grandmother owes him $2,783.00. How, I have no idea. Three days after he comes out, she sent him $2,000 dollars, and about a week later a man comes to the door delievering our Summons saying how we still have to owe $2,783.00 and I noticed that on the summons included that rent was still due on the 1st of the month. Three days later, they come and put a lock on the door and a sign in the yard, and already have people coming in and looking at the house.
Now, we have every money order reciept we have sent him, and every little piece of paper he has sent us. We go to court in about a week and we have a tracker on the money orders, they get here in about two weeks to let us know if he has cashed them or not. She is not fighting to stay in the house, she is fighting to get all the extra money she has sent him back. We've talked to 2 lawyers and they both said she could win the case, even if she has a written agreement, saying she would pay $50.00 dollars a day late charges, it is illegal to charge that much. I was wondering if anyone thought the landlord was in the right? Also if i can get some help maybe setting up our evidence and what i should set up to give to the judge. I already made 3 copies of the papers he gave us, and the money order reciepts. I also made a spreadsheet showing how much rent is and late charges and how much we have paid.
I hope everyone understood this. Thanks for the help in advance!