Legal Question in Landlord & Tenant Law in California

3-day to pay or quit and getting sued....

we moved into a rental home in oct 2008 w/a 1 yr lease @ 1600 a mon...on fri we received two 3days to pay or quit notices...one for a bill that needs to be paid another for ''rent'' amounting in 830 dollars. we realized that the real estate comp. is charging us for legal eviction fees for two past 3 day notices and for these as well and has been taking it out of the money we pay for rent instead of billng us. we were never told we had to pay for these fees and is not listed on our contract, or even told that there was a balance due....and the fees including late fees are listed as rent on the notices , which i was told wasnt allowed to be on 3day notices...also we left the payments in the drop box over night which we were told was ok on the 9th and the fees show the date of the 10th so my question is...is this legal?can they do this? we got papers on sat saying were getting sued which i believe is for this reason...so should i pay it and then ask for a hearing or not pay it and ask for a hearing? just want a little advice before i go into this tommorow(monday) morning.....


Asked on 3/16/09, 2:17 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Re: 3-day to pay or quit and getting sued....

Court cases are based upon a Complaint being filed and a threee day notice is merely a warning that if you do not pay within three days the landlord will file suit. So Monday's hearing is not about the resent notices. In the Bay Area three day notice cases are not heard immediately so I wonder what your hearing is really about. It may be as to the prior three day notices. Moreover, if you were served Friday you have until at least Monday to respond as Sunday does not count. The hearing must be about another legal matter.

If your contract does not provide for attorney fees then they can not collect it for the notices. They also can not apply payments designated as for rent to other debts. Did they get a judgment for the prior three day notices as they can not collect anything without a judgment unless you agree to pay it. What amount can be included as a late fee is in question as it is supposed to be related to the damanges suffered from the rent being late and not just some set amount picked out of the air. If you were told puting the money in the drop box counted on the day you did it, then they are stuck with that, especially if the contract does not state that it must be in their hands by the 10th.

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Answered on 3/16/09, 10:16 am


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