Legal Question in Real Estate Law in California

eviction and late fees

About a month ago 4 of the tenants here were served 3 day pay or quit notices. None of us paid but since then I am the only one still being evicted, and I think it's because I questioned the legality of the notice. The balance that I owe was wrong, so I asked her to correct it, and also asked why she included late fees on it (it's supposed to be only rent, right?) and why she charges so much ($5 per day, increasing daily until the full amount is paid or tenant is evicted) and she said the state sets the amounts and she just fills in the forms - she has no choice. I know a legal form when I see it, and this was NOT a legal form, and from what I've read about late fees, I'm pretty certain the state didn't set the rate. The other tenants just let the three days come and go and they are not evicted and I am. I think because I challenged her, and that it's personal. I don't know what to do in that case, because she owns the property and ultimately I will have to go, but I still can't pay those fees. I hope I haven't just confused the issue here, I'm pretty upset and it's hard to know how to explain it. Please help if you can


Asked on 12/06/06, 6:07 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: eviction and late fees

You need to file an answer within 5 days after being served. Check with the deity building department regarding agencies that can help. If there is nothing available then go to the local law library or city library and review the book by CEB (continuing education of the bar) Eviction Defense (something). This is an excellent guide for the tenant to follow. Also check Nolo press to see if they publish a tenant defense book. The amount of the late fee is not set by law. But would be limited to a reasonable amount.

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Answered on 12/22/06, 2:25 am


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