Legal Question in Landlord & Tenant Law in California

Can late fees (from a yr ago) be included in a unlawful detainer served to me if the manager accepted original payment at time ?


Asked on 11/20/13, 6:39 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A tenant cannot be evicted for failing to pay late fees. A tenant can be evicted for not paying rent, but a three day pay or quit notice that includes unpaid late fees is invalid. A landlord's remedy for unpaid late fees (assuming that they are valid and provided for in the lease agreement) is to file a lawsuit against the tenant for breach of contract.

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Answered on 11/20/13, 8:23 am


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