Legal Question in Landlord & Tenant Law in California

Legality of late fees and paying for three day notices

My husband and I live in California. With him being the sole provider and I being a full time student, we have one income with which to distribute to bills. Needless to say we've had to juggle a few things and have had to pay rent, unfortunately, late. My question is this, Can a landlord demand that he be reimbursed for serving a three-day notice. (we've had to pay for 6 of them at 45 dollars each) And two, what is the legal precedent regarding late fees. I've read in quite a few places that they are illegal but need clarification. Also, when we moved in, he needed to go out of town for about two weeks so it changed our move-in date from Nov. 25, 2007 to Dec. 10, 2007. He still made us pay from November 25!! At this point what is our legal recourse?


Asked on 7/11/08, 11:58 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Legality of late fees and paying for three day notices

They are technically illegal, but the illegality is not enforced by judges. The lease supersedes the "illegality", and you will probably find the $45 in your signed lease.

The landlord cannot demand $45 for serving the 3 day notice, but, again.read your lease.

The answer is the same as to the move in date. Also, do not forget other than the landlord being a miserly tightwad, he/she couldn't rent the premises to anyone else from 11/25 to 12/10. You would have no legal recourse other than the $45, at not even there if covered by the lease.

Next time, read all the fine print (on anything) before signing.

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Answered on 7/12/08, 4:21 am


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