Legal Question in Landlord & Tenant Law in California

The landlord added on late fee for january rent starting january 2nd, because I didn't deposit rent into his account on dec. 31 or jan. 1 then served me a 3 day notice to pay or quit because I couldn't pay the late fee with rent so I quit and now he sent a letter stating I owe for the remainder of the lease of 9 months unless he rents it out including january rent. Can he do that?


Asked on 1/22/11, 2:34 pm

1 Answer from Attorneys

No. First, it is illegal to include fees and charges in a 3-day notice. So the notice was illegal. You have the right to move back in, with rent abated for the time you were out. If you do not move back in, however, he is partially right. You are responsible for the balance of the lease, BUT he must take all commercially reasonable steps to re-rent the apartment as quickly as possible at or above the rent you were paying. He can only charge you for the time it takes to find a new tenant, and only as long as he meets his obligation. If he fails to do everything commercially reasonable to re-rent the place, he is entitled to nothing from you.

Read more
Answered on 2/07/11, 12:31 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California