Legal Question in Civil Litigation in California

Your $45 per day late fee may be unreasonable

A rental agreement cannot include a pre-determined late fee. the exception to this rule is when it would be difficult to figure out the actual cost to the landlord caused by the late rent payment. even then, the pre-determined late fee should not be more than a reasonable estimate of costs that the landlord will face as a result of the late payment. A late fee that is so high that it amounts to a penalty is not legally valid (http://www.dca.ca.gov/publications/landlordbook/living-in.shtml#latefees)

You need to look at your lease wording the no pets may be a cause, but family members maybe more difficult. Personally if you look unreasonable you may find your self on the losing end of this one. You probably ought to work it out...probably not what you wanted to hear

If this is a residential lease, then it is quite likely that the late fee is unreasonable and unenforceable. Your tenant will almost certainly prevail on this argument in court.

Violation of the "no pets" clause is a sufficient grounds for termination -- but the violation is remediable. If the tenants get rid of the cat, your unlawful detainer action based on that ground disappears.

The "family members" question depends on the terms of the lease. Again, if the family members leave, then your unlawful detainer action based on that ground disappears.

Your best bet may simply be to terminate the lease based on a thirty day notice. I would contact an eviction attorney to advise you on this.

I basically agree with all of the foregoing answers. Properly processing an eviction, however, can be very tricky, and the courts will toss your case out if every t is not crossed and every i dotted on the exactly right day. I would be happy to meet with you in my San Jose office and discuss how I might help you through this process.