Page 1 of 2 1 2 LastLast
Results 1 to 10 of 15
  1. #1

    Default Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    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.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    At this point in time you have a Three Day Pay or Quit notice which includes the late fee as outlined in your lease (remember...that piece of paper you read when you signed it?).

    If you do not remedy the situation within this required time period, the next step is for the landlord to file for the actual eviction through the court system. Typically the filing does not include any late fees as the landlord is requesting a judgment be made to grant an eviction, not a judgment for funds (that may come later).

    Quit trying to avoid being evicted for failing to pay rent and either simply pay it, try to work out a payment plan with your landlord or understand that you need to move soon. Simply keeping the place clean and respecting neighbors does not make a "good tenant".

    Gail

  3. #3

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    Was it necessary to be rude? I asked a question, not for judgement.

    We have never been late before.....ever....we've lived here four years. We have never given the guy any reason not to be reasonable with us. We have made improvements to the property on our dime.

    The problem is that he is not returning our calls, not answering our emails and won't give either of us the time of day to even discuss an alternate solution. I don't know if we are suffering the wrath of other tenants who are crappy, but being late once in four years does not, in my humble opinion, rate this kind of treatment.

    I'm asking because I want to understand the eviction process. If I'm dealing with someone who might be shady in his eviction, that also means our security deposit is at risk as well. If I have the ability to use mishandling of the 3 day notice as leverage to say hey, legally you can't evict us for anything but rent...so let's talk before you run into filing fees you will just have to eat...that works too.

    I would think the eviction papers would have to match the three day notice. So it isn't like he can now just put $950 when he files.

    So an answer to my question without the judgement would truly be appreciated.

    Thank you.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    So an answer to my question without the judgement would truly be appreciated.
    You got a correct answer.

    By law, the notice must give you the opportunity to correct the deficiency. You have three days to comply with ALL the terms of your lease. That includes paying the late fee.

  5. #5

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    That isn't what I asked.

    I asked if the late fee is legally allowed in the state of California to be included in the eviction.

    I actually got a very detailed answer from an attorney on another forum citing case law that actually does, in fact, make it illegal in the state of CA to include anything other than the rent unless the lease agreement is written in a specific way, which ours isn't. I actually was told if I had been late anytime prior in the past, I'd be entitled to my late fees paid back, because a landlord can't prove that the fee was ever warranted due to the problem being unfixable. He can't prove a justifiable amount for "damages" . It falls under the same category as deposits.

    Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7]

    He also explained to me exactly how to apply it if necessary.

    Thank you though.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    That is part of the rental account balance due so it can be included. For such a good tenant, you are already trying to establish grounds to defraud your landlord. I understand job loss can be traumatic, it appears to have knocked your moral compass slightly out of calibration.

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    Just because people give you answers without hand-holding or hugs does not make it rude. I often include hand-holding and hugs because I feel drawn to. (not always though)

    Just remember that a legal forum is not the same as the forums you go to for commiseration, and you will be fine. You may find you need help again someday. Don't burn your bridges.

  8. #8

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    Quote Quoting mmmagique
    View Post
    Just because people give you answers without hand-holding or hugs does not make it rude. I often include hand-holding and hugs because I feel drawn to. (not always though)

    Just remember that a legal forum is not the same as the forums you go to for commiseration, and you will be fine. You may find you need help again someday. Don't burn your bridges.
    I wasn't asking for hand holding or hugs....but comments like "(remember......that piece of paper you read when you signed it)" is patronizing...not every tenant that comes here to ask a question is a deadbeat, but it seems from reading other answers after posting most are treated like it. Pro landlord site, I get it.


    To the person who questioned my honesty about being a good tenant...being prepared for the worst is not a bad thing. Understanding what my rights are as a tenant, again not a bad thing....seeking out confirmation of something I was told, again, not a bad thing. I find it shady that for all the years we've lived here, the multitude of conversations I've had with him for him to suddenly clam up and not respond to me...what if I had payment and needed to make contact to ensure delivery? It's like he's trying to push an eviction through....and it makes me wonder what's behind it. This is out of character. Damn straight I'm fighting it....I don't need an eviction on my record when I've been late once in my rental history! That's insane!

  9. #9
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    That's insane!
    Maybe.

    But it's LEGAL.

    I'm sorry your landlord isn't as awesome as mine is, but landlords are not legally obligated to do anything outside of the terms of your lease. Ascribing motivations to the volunteers here just because you're pissed that your landlord is exercising his legal right to enforce the lease might make you feel better, but it doesn't change the reality of your situation. Should you find yourself in court, and you huff and puff about how you had never been late before, and wah, your landlord is a meanie poopie head, the judge is going to give you the side eye and say "So? What part of 'your lease is a binding contract' do you not understand?", and rule in favor of your landlord.

  10. #10

    Default Re: Do You Have to Pay Late Fees to Avoid Eviction for Non-Payment of Rent

    Quote Quoting LawResearcherMissy
    View Post
    Maybe.

    But it's LEGAL.
    As I stated above, I was given much more detailed advice from an attorney in California, along with case law and why it applies on a different forum.

    California might very well be unique in this circumstance, and if my landlord does choose to keep ignoring having a simple conversation, we will see how it plays out. I have a feeling he wants to sell the house and it is easier when there aren't tenants in it, I found out through research in the past 8 months he's sold two of his other rental properties....right after evictions.....hmmmm

    I'm not having my credit marred by a landlord who might be in some type of crisis of his own.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Eviction Process: Served With Notice of Eviction Despite Agreement for Late Rent Payment
    By coldascrystal in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-23-2013, 09:50 PM
  2. Defenses to Eviction: Can You Avoid Eviction for Nonpayment if Your Landlord Always Accepts Late Rent
    By trickyspiffy in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 07-21-2011, 12:06 PM
  3. Rent and Utilities: Late Fees for Non Late Rent, Water Bill Payment Applied to Late Fees
    By cwhite in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2010, 09:07 AM
  4. Condo & Co-Op Boards and Associations: Late Fees Continue Monthly For One Late Payment
    By itsyourbet in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 06-07-2008, 12:26 AM
  5. Rent and Utilities: Landlord Claiming Missed Rent Payment and Late Fees
    By DMG1 in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 12-12-2006, 06:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources