Legal Question in Landlord & Tenant Law in California
Paying Attorney fees without going to court
I live in California and received a ''Tree Day Notice'' to pay rent or quit. I couldn't pay until after the three days and leasing office accepted under the condition I paid the attorney fees. I agreed due to worry. The leasing office told me I had to pay $XXX and when I asked for their attorney's invoice or bill, they stated they would not provide one until after I paid the attorney fees. I understand that I did not fulfill my obligation when required, but now I really feel that the leasing office is simply making a dollar amount up as punishment. At least with documentation I'd have proof as to how much and would also have it for my records.
Is it legal for them to require me to pay them attorney fees while also refusing to provide me documentation until after the fees have been paid?
Can I refuse to pay the fees until they provide me with an invoice or bill as it feels that, if so what could happen to me?
Thanks for your time.
2 Answers from Attorneys
Re: Paying Attorney fees without going to court
Follow Mr. Gibbs' excellent advice, and next time get an attorney's advice before the "dirt" hits the fan.
Re: Paying Attorney fees without going to court
If they had demanded the attorneys fees during the three day period, then you might have something. Unfortunately, once the three days have expired, they are not under any obligation to accept anything from you, and may proceed immediately to eviction through the filing of an unlawful detainer lawsuit. After the three days are up, you technically have no right to remain in the property regardless of what you pay, so if they have extracted attorneys fees from you, and you can afford them, I'd not worry about the invoice or anything else - you are fortunate they did not proceed to eviction and not offer you a deal. I know that's hard to accept, but the reality is that when you failed to pay the rent, and then failed to pay within the notice period, the game was over, and you really lost all your rights at that point unless the notice was defective or incorrect.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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