Legal Question in Landlord & Tenant Law in California

For CA Landlord-Tenant Law:

Que: If a tenant doesn't have a lease, can a landlord evict the tenant "at will" at anytime or do they need a valid reason?

Que: If a tenant pays three-fourths of their rent by the first, and the remainder within three days, can the landlord still charge the full late fee amount based on the entire rent.

IE: rent is $930, tenant pays $700 by the first, and then the remainder by the fourth or fifth.

Que: if tenant has a family member as a guest that's not on the lease and the landlord is making accusations that the guest has stayed longer than two weeks, what can the landlord legally do?

Thank-you, most appreciated.


Asked on 7/13/12, 7:56 am

1 Answer from Attorneys

1. Unless the property is subject to local rent stabilization laws that contain eviction restrictions, no reason is needed, only adequate notice, which is 30 days for tenancies of less than a year and 60 days for tenants who have been in the premises over a year.

2. If there is no lease or rental agreement there can be no late fees. There is no right to late fees on rent by law, only by agreement. When the late fees can be charged is also a matter of the agreement. If there is an agreement for late fees and it is silent as to partial payments, the fee can be charged in full if full rent is not paid on time. Until rent is paid in full it is generally considered unpaid under the law if there is no agreement otherwise.

3. That depends on what the lease says.

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Answered on 7/13/12, 8:23 am


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