Legal Question in Civil Litigation in California
I received and Unlawful Detainer of Eviction- I paid my rent plus the 10 % late fee and the 35.00 fee that was charged as a result of the 3 day notice or quit that I received- the property manager has placed these on my door- and there have been multiple one's each with wrong amounts on them. I call each time I receive these to ask about the said amount- which has resulted -each time in the two months I've lived here- in a different total being requested I pay in 3 days or quit. The most recent 3 days or quit was received on 12/06/10 which was a revised 3 days or quit- to the prior one received on 12/04/10- I verbally have spoken to the onsite manager since day one when I moved in- and there is no ability to speak to the owner they refuse to give contact information. The ongoing issues with the conflicting notices and my ability to get a straight answer on - "what do I owe"- and "for what"? Is frustrating but I keep paying what I am told- now I received the UD- and I was told since the owner accepted my rent+late fees+35.00 service fee for the 3 days or quit- that they had to give me another 3 days to pay rent due for 12/1-12/31/2010 or quit for $623- I asked for an itemized list of what all these ongoing fees are for- I received a receipt for my rent with the late fee and fees requested in the 3 days or quit notice- The 623 says it's for the UD filing fe and the Attorney fee plus another 35.00 for the service of the UD.. Am I required to pay the 623- it is on a 3 days to pay rent or quit form- and it is not part of my rent or late fee? This is a mess- and I was told verbally by the manager that the UD becomes null and void because they accepted my rent and late fees- because I was going to respond to the notice as it says to within the 5 days. I was told I didn't need to respond but needed to pay the additional 623.? I have been a renter in CA and never have had this kind of experience. I feel like the owner is just trying to see how much money he can get from me.. Please advise. Thank you
1 Answer from Attorneys
The pay rent or quit notices must ONLY include RENT due, otherwise they are invalid.