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Can Your Landlord Charge a Fee Each Time it Serves You With a Pay-or-Quit Notice

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  • 07-11-2016, 06:54 PM
    Mslilone1973
    Can Your Landlord Charge a Fee Each Time it Serves You With a Pay-or-Quit Notice
    My question involves landlord-tenant law in the State of: California
  • 07-11-2016, 09:45 PM
    adjusterjack
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    Could be legal.

    What does your lease say about it?

    How many times has this happened to you?
  • 07-11-2016, 10:39 PM
    Mslilone1973
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    My rental agreement says nothing about a $50 dollar processing fee for or the typing and posting on the house. She has done it sometimes twice a month if I pay a partial amount on the rent. So besides the actual rent, 6 % late fee and now this $50 fee.

    I took her word that its a fee and I have.to pay for it. But is it legal? I don't know to ask.
  • 07-11-2016, 11:35 PM
    L-1
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    My crystal ball is out for a tune up so I can't see your rental agreement, but I am going to guess it says there will be a $50 fee if your rent is late and that the $50 in question shall be considered additional rent. In this case, you are not being charged for the 3 day notice, instead, the $50 is a late rent charge.

    Let's assume your rent is $500 per month, but you only make a $300 partial payment. You are now late, incurring the $50 fee on top of the $200 outstanding balance. You now owe $250. If you fail to pay the extra $50 when you pay the remaining $200, you are still $50 behind in your rent.

    Let's say you pay the full $500 the following month. $50 is applied to what you owe from the past month. This means you have only paid $450 towards the current month, incurring another $50 late charge.

    This will continue each month until you catch up on all your late fees.
  • 07-12-2016, 06:25 AM
    llworking
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    Quote:

    Quoting L-1
    View Post
    My crystal ball is out for a tune up so I can't see your rental agreement, but I am going to guess it says there will be a $50 fee if your rent is late and that the $50 in question shall be considered additional rent. In this case, you are not being charged for the 3 day notice, instead, the $50 is a late rent charge.

    Let's assume your rent is $500 per month, but you only make a $300 partial payment. You are now late, incurring the $50 fee on top of the $200 outstanding balance. You now owe $250. If you fail to pay the extra $50 when you pay the remaining $200, you are still $50 behind in your rent.

    Let's say you pay the full $500 the following month. $50 is applied to what you owe from the past month. This means you have only paid $450 towards the current month, incurring another $50 late charge.

    This will continue each month until you catch up on all your late fees.

    Except that the OP specifically stated that there was a 6% late fee PLUS the 50.00 the landlord has been charging for 3 day notices.
  • 07-12-2016, 09:37 AM
    Mr. Knowitall
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    Quote:

    Quoting Mslilone1973
    View Post
    My rental agreement says nothing about a $50 dollar processing fee for or the typing and posting on the house. She has done it sometimes twice a month if I pay a partial amount on the rent. So besides the actual rent, 6 % late fee and now this $50 fee.

    I think it is good practice for a landlord to serve a notice to quit the moment a tenant is late with the rent, as it puts the landlord in the best position to move quickly if the tenant does not come up with the rent. That said, I think the landlord's methodology here is questionable.

    A late fee is a form of liquidated damages, meant to compensate the landlord for the reasonable cost associated with the late payment of rent. If the landlord's practice is to go to her lawyer's office the moment rent is overdue, pay the lawyer $50, and have the lawyer serve a notice to quit, then there's an argument to be made for the landlord's seeking the $50 as actual damages -- in which case damages are reasonably calculable and the landlord should not be claiming liquidated damages. If, as seems more likely, the landlord is preparing the notices herself and posting them, then $50 would be far beyond the reasonable value of her actions in preparing and posting a notice, and that cost should reasonably be covered by the late fee she already charges. I am very skeptical that the double-dipping would be permitted by a court.

    Further, late fees and liquidated damages are a matter of contract. If this is a legal fee incurred by the landlord, perhaps she has a basis for seeking recovery, but (unless there is an attorney fee provision and these actually are attorney fees) not under the lease.
  • 07-12-2016, 10:36 AM
    Mslilone1973
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    she posts the notice herself and always spells my name wrong.
  • 07-12-2016, 12:18 PM
    adjusterjack
    Re: Is It Legal for a Landlord to Charge You $50 Each Time They Process a 3 Day Notic
    Quote:

    Quoting Mslilone1973
    View Post
    she posts the notice herself and always spells my name wrong.

    She may be doing this wrong but I suggest you think twice about picking a fight over it and concentrate on getting your rent paid on time, and in full.

    She would be within her rights to refuse your partial payment and evict you for non-payment which is what I would have done the first time you pulled that partial rent business.
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