Legal Question in Landlord & Tenant Law in California

I have been renting an apartment from a prorety manangent compant since June 2010. I had transfered, within the company, from that property to this one on April 1, 2011, paying deposit on both. I was late for May's rent as of the 2nd. A week later I gave a portion of the rent by the 15th I had the balance and wanted to pay in full. I was informed they started the evection and sent a letter stating my rent would not be accepted unless i pay also the lawyers fees. Can they do this....


Asked on 6/02/11, 6:06 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It depends on when you received a Notice to Pay or Quit, and whether you tendered the full amount of rent in that timeframe. If you did not offer to pay the full amount of past-due rent before their notice to pay rent or quit expired, then you have no right to even pay the rent and stay. They, in that case, can require that you pay their fees and costs to restore the lease because legally you have no right to restore or reinstate the lease. Once that notice to pay or quit expires, your only legal right is to move or be evicted. Anything other than that offered by the landlord is purely voluntary on their part.

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Answered on 7/11/11, 4:38 pm


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