Legal Question in Landlord & Tenant Law in California

My landlord informed me that i had a 10.00 balance for a utility bill that was for the 1st week i moved in, the next week I payed my rent with a money order that was clearly marked "september rent" and my landlord took out the 10.00 for the bill and then charged me 75$ late fee for september. is that misapproprated funds?


Asked on 11/15/10, 9:42 pm

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

Depends on what it states in the lease about how payments are to be applied by landlord upon receipt, and also how late fees are applied. $75 is a relatively small amount to litigate, but you can either not pay it and risk getting a notice to pay/quit and possible eviction, or you can pay "under protest" and take it to small claims court. or you can try to talk it out w/landlord.

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Answered on 11/22/10, 10:14 am


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