Legal Question in Landlord & Tenant Law in California

In January 2010 we were late with our rent and on january 22 the landlord served us with papers to pay or get out we felt he should have just waited. We payed him the rent plus the late fee then he charged us $550 for legal fees I am not satistied with the fees because there is a court appearence fee and we never went to court. What should I do?


Asked on 11/10/10, 8:09 am

1 Answer from Attorneys
Michael Isaac Shokrian Law Offices of Michael Isaac Shokrian, APLC

did he file an unlawful detainer lawsuit against you? or did he just give you a 3 day notice to pay/quit?

If only a 3 day notice to pay/quit, then he is required to accept the money if it is paid during that 3 day period. However, he is not legally required to accept rent from you after the 3 days has expired and he has the RIGHT to file an unlawful detainer lawsuit against you for nonpayment of rent. In that case, you guys can come to whatever terms you agree on via "settlement" including fees/costs.

But read your lease carefully and see what you are responsible for paying in the event that your rent payment was late and a 3 day notice was served.

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Answered on 11/15/10, 11:10 am


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