Legal Question in Landlord & Tenant Law in California
can a landlord charge leagle fees for filing an unlawful detainer filed the same day as paying the rent and late fees
Asked on 6/07/10, 2:37 am
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
Filing would not be reasonable if done after knowing that the money had been paid. If done beforehand and the contract permits such recovery whether not any recovery is made via the suit as opposed to your paying, it would not be unreasonable to charge you for the cost of filing the suit. After all, the threat of a suit was an incentive to make you pay the back rent.
Answered on 6/07/10, 8:10 am
If the rent was not paid within three days of the three-day notice, and there is sufficient history of late payment, the landlord may proceed with the eviction even after accepting the rent.
Answered on 6/08/10, 1:54 pm