Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2012
    Posts
    10

    Default Can You Evict a Tenant Over an Unpaid Late Fee if Rent is Otherwise Current

    My question involves landlord-tenant law in the State of: California

    I served my tenant 2 notices; NOTICE TO PAY RENT OR QUIT ($1,850 for rent) and NOTICE TO PERFORM COVENANT (CURE) OR QUIT ($55 — Late fee deemed additional rent per the rental agreement).

    Tenant has paid the $1,850 rent. However after the 3 days, Tenant has NOT paid $55 — Late fee deemed additional rent per the rental agreement. Will a judge allow me to evict a tenant based on the tenant not paying the $55?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Evict a Tenant Over an Unpaid Late Fee if Rent is Otherwise Current

    When you say "NOTICE TO PAY RENT OR QUIT ($1,850 for rent) and NOTICE TO PERFORM COVENANT (CURE) OR QUIT ($55 — Late fee...)" do you mean to say that your notice to pay or quit was for $1850, which was paid in full, and a separate notice to cure or quit over the late fee? You're not going to prevail on the second notice (cure or quit) over an unpaid late fee.

    Assuming your late fee provision is properly drafted under the governing case law and (if applicable) any local rent control ordinances, you can serve a pay-or-quit notice over the late fees, and proceed on that notice if the late fee is not paid. However, few landlords would find it cost-effective to actually initiate an eviction proceeding over $55.

  3. #3
    Join Date
    Apr 2012
    Posts
    10

    Default Re: Can You Evict a Tenant Over an Unpaid Late Fee if Rent is Otherwise Current

    Quote Quoting Mr. Knowitall
    View Post
    When you say "NOTICE TO PAY RENT OR QUIT ($1,850 for rent) and NOTICE TO PERFORM COVENANT (CURE) OR QUIT ($55 — Late fee...)" do you mean to say that your notice to pay or quit was for $1850, which was paid in full, and a separate notice to cure or quit over the late fee? You're not going to prevail on the second notice (cure or quit) over an unpaid late fee.
    Yes. The 2 notices were served concurrently.

    Quote Quoting Mr. Knowitall
    View Post
    Assuming your late fee provision is properly drafted under the governing case law and (if applicable) any local rent control ordinances, you can serve a pay-or-quit notice over the late fees, and proceed on that notice if the late fee is not paid. However, few landlords would find it cost-effective to actually initiate an eviction proceeding over $55.
    I used the standard realtor lease, which states, "late fees shall be deemed additional rent." In CA, you can not include late fees on the NOTICE TO PAY RENT OR QUIT. For that reason, I read other CA attorney's recommend putting the late fee (although deemed as rent) on the NOTICE TO PERFORM COVENANT.

    The $55 is not the concern. This is a problem tenant that can be documented, just not on the NOTICE TO PERFORM COVENANT, that I would like to get rid of.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Evict a Tenant Over an Unpaid Late Fee if Rent is Otherwise Current

    Either you can document a material breach of the lease or you cannot. If you go to court on an eviction case claiming that the non-payment of a $55 late fee is a material breach of the lease, and state that as your sole basis for terminating the lease "for cause", you will lose.

  5. #5
    Join Date
    Apr 2012
    Posts
    10

    Default Re: Can You Evict a Tenant Over an Unpaid Late Fee if Rent is Otherwise Current

    okay. Thank you. I heard the same answer from an attorney. In general, if you try to evict a tenant on an unpaid late fee alone, you may lose.

    1. Sponsored Links
       

Similar Threads

  1. Defenses to Eviction: Can Your Landlord Evict You After Agreeing to Accept Late Rent
    By Kenneth Constant in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 12-24-2015, 03:56 AM
  2. Eviction Process: Can You Evict for Unpaid Rent While an Eviction for Other Causes is Pending
    By KS693 in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 09-30-2015, 09:28 PM
  3. Grounds for Eviction: Can Your Landlord Evict You for Being Late With the Rent
    By CPS in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 02-02-2014, 08:49 AM
  4. Grounds for Eviction: Can You Evict a Tenant for Being Consistently Late on Rent
    By Charles-Landlord in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 08-07-2013, 04:32 PM
  5. Eviction Process: Rent late can I evict?
    By blackhawk in forum Landlord-Tenant Law
    Replies: 8
    Last Post: 01-29-2007, 09:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources