Legal Question in Landlord & Tenant Law in California

Re: Eviction for Late Fees

Technically, as you did not owe any rent, a 3 day notice to pay rent or quit is defective and should not constitute legal notice. However, if your lease agreement says that these types of fees are rent, then you may have a problem. Also many judges are property owners and are very pro-landlord. Tenants usually lose in unlawful detainer court. So, even though you may be technically correct, you could still lose anyway. You might want to consider moving out and having a lawyer try to negotiatite the money issues. BTW, if you move out before trial, the law says that a judgment of unlawful detainer cannot be entered against you (well, not legally, at least).

I know this may not be what you want to hear. I am just telling you the way it is.

Re: Eviction for Late Fees

Mr. McCoy is correct as to much of his response. In some cities, the jduges are actually very pro tenant [San Fancisco, Berkeley]. Are you in a rent control city as you have added protection there. The three day notice must be correct as to all aspects stated in it. A late fee is not rent and there is case law suggesting that the late fee must not be a flat charge but must bear a relationship to the actual added cost to the landlord. If the three day notice includes any sums you have already paid, then it is also defective on those grounds. If the contract only allows attorney fees to the landlord and not to the winning party, then that is legally defective also. If the case is in Small Claims Court an attorney can not appear, although he can charge to prepare the case.

If you feel that management will try again to kick you out, the best approach is to work out a settlement with them. Point out the errors in their three day notice, their inability to collect anything from you if you are just a wage earner, the costs they will have to evict you, etc., and see if they will let you stay until your can find another place and will pay you something to reduce the expenses they wil have in evicting you. To reduce your nervousness, try to go down to the same court several days before your hearing to see how the judge handles matters. [not proof read]