Legal Question in Landlord & Tenant Law in California

Unlawful Detainer - Late Fees

Hi, I live in California.

I was served an Unlawful Detainer because I didn't pay for late fees that I was charged for because my November 2008 rent check bounced.

The late fees were for the bounce check fee, late fee and an additional $50 the property management said I owed from August. I paid my rent and told the lady I would pay the late fees when I paid December's rent. On the 1st before I could pay my December rent plus the late fees of $135 I was served the Unlawful Detainer. The Property Management is saying that the $135 was considered Rent so they mailed me a 3 Day Notice to Pay Rent or Quit and since I didn't pay it within 3 days I'm being evicted.

I have a court date on December 29th 2008 and I'm scared. I don't mind having to move but if I lose than I have to pay for Lawyers fees and $30 a day for staying in the apartment.


Asked on 12/16/08, 9:05 pm

1 Answer from Attorneys
Bryan C. Becker Your Lawyer for Life.

Re: Unlawful Detainer - Late Fees

The 3-day notice can NOT include late fees.You usually have only five days to respond in writing to the landlord's unlawful detainer complaint. You must respond during this time by filing the correct legal document with the Clerk of Court in which the lawsuit was filed. I would speak with an attorney in your area asap. See the following link for more info: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

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Answered on 12/16/08, 9:21 pm


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