Legal Question in Landlord & Tenant Law in California
California Landlord Tenant Laws Regarding Late Fees and 3Day NOtices
I did not have all the money for my rent this month, so I paid one half of my rent when it was due, and told the manager I would pay the remaining rent, plus the late fee of $50.00 at the end of the week when I had received my paycheck(I have lived at my apt. for 6 years). My check was delayed for one week, and my landlord gave me a 3day notice to pay or quit and stated the entire rent amount due. Does this make the notice null and void? Also, it is legal for my landlord to charge me late fees? If I have paid late fees in previous years, am I entitled to get that money back? What can I do after receiving the 3 day notice and not being able to pay the remaining rent until the end of the week? The 3 day notice would have expired and I do not want an unlawful detainer filed. Additionally, last month my rent was late and my landlord charged me a late fee plus 3day notice fee, plus made me pay $75.00 in attys fees. I received a copy of the attys invoice, but found the date of the invoice (to the landlord) was AFTER the landlord made me pay the attys fees. Is this legal? Thank you for your help.
3 Answers from Attorneys
Re: California Landlord Tenant Laws Regarding Late Fees and 3Day NOtices
You are welcome.
As to late fees, technically they are illegal, so it would depend on your lease. If you agreed (probably did), then you have to pay it.
I never heard of a 3 day notice fee. Ditto as to a provision in the lease regarding attorney fees.
After six years, they should cut you some slack. If not, you should adjust your finances enough so that you have rent in the bank when the first of the month arrives.
Also, I suggest you strongly consider moving.
Your landlord sounds like an ogre (not Shrek).
Re: California Landlord Tenant Laws Regarding Late Fees and 3Day NOtices
The three day notice is probably invalid if it is for the entire month's rent, and you paid 1/2 already. Irrespective, its very easy for them to re-notice you. As for late fees, few jurisdictions would find them invalid unless you've never had a written lease with the landlord (I've never seen a lease without a late-fee provision). Some jurisdictions will even give the landlord late fees without a written lease. The best defense you have at this point is the defect in the notice. As for past-paid fees, you need to check if you ever had a written lease, and if so, did it provide for late fees. If so, you're not getting anything back. You should also know that if the landlord is going to file the eviction himself (without an attorney) he will probably do so with the bad notice, so as soon as the three days are up, expect to get served. If he goes to an attorney to file, you'll probably get a new three day notice from the lawyer. The three day notice fee and attorneys fees are probably not valid, but go back to your original lease - even though you are probably month-to-month at this point, you are still under the other terms of the original lease agreement six years ago. I don't agree with Mr. Bennett - no landlord is going to "cut you slack" when it comes to late rent - you need to make provisions to pay on time, or you will continue to face three day notices and evictions.
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Re: California Landlord Tenant Laws Regarding Late Fees and 3Day NOtices
Q: Can the landlord legally request the amount of rent due in a 3 day notice? Yes. The notice would neither be null nor void unless the landlord requested more than the amount of rent due.
Q: Is it legal for the landlord to charge late fees? Yes, and you are not entitled to that money back.
Q: What can I do if I do not have any money until end of week? Well, it is a 3 day notice to pay OR quit. So I suppose you could move out.
Q: Is it legal for the landlord to charge other fees? Only if a written lease agreement says he can.
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