Legal Question in Landlord & Tenant Law in California

If your manager give you a 3day notice with the amount you owe total can she add $300 more that's not documented on the notice . I gave her $1700 plus $100 for late fee an now she want 300 more that was not on the notice.


Asked on 8/29/11, 5:38 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

When a landlord accepts even partial payment of the rent owed, the three day notice is voided as the amount stated in the 3 day notice is no longer correct. Logically, no additional rent can be asked for for the period covered in the three day notice as the landlord has waived that additional amount. Demand that they cite to you statutory or case law authority to support their position; if they do cite anything, call me at (510) 441-2684 and I without charge will research their position and tell you why it is incorrect.

The late fee should be related to what the cost is to the landlord for the late payment, although there is no direct statement by the courts yet on this point.

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Answered on 8/30/11, 7:04 am


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