My question involves an eviction in the state of: California
We are late with rent. My husband's company shut down without any notice, left him stranded in another state and we had to use every penny we had to get him home. We are good tenants, keep the place clean, respect the neighbors etc....this was unavoidable.
We let our landlord know, and he has been less than reasonable about it. We are doing everything we can to come up with money, but the day after rent was due, a three day was on our door.
Rent is 950 a month. The 3 day states $1000 due. There is a late fee clause of $50 in our lease, but nothing stating it is a part of rent, or that fees are paid by funds before rent is applied...etc.
I was told that landlords can't add late fees to an eviction, and if they do, you can respond to the filing and have the case dismissed. Is this true?
If it is true, is there a standard form or is it something I'd have to research further and draw up by hand? For obvious reasons we can't afford an attorney.
Thank you for your time.

