Legal Question in Real Estate Law in California
my landlord asked that rent be paid on the 11th of july, i put the money orders dated the 10th under her door. (which is the only wat she excepts rent is a money order under her door or door mat) she didnt find it until the 15th and said she already started eviction process and if i want to stay id have to pay $700 in legal fees. Can she do this?
2 Answers from Attorneys
The landlady's story sounds fishy to me. You seem to have complied in all respects. There is nothing to stop her from filing, serving and prosecuting an unlawful detainer, but it would be one she should not win. Apparently you have not been served yet. If you are, defend. If the facts are as you say, you will win. You have no obligation to pay her legal fees.
I'm assuming the terms of your lease or rental agreement are pretty standard.
A larger question presents itself here. Why is this landlady being so obnoxious? Is it just her personality, or have you done other things to upset her? Also, why would you want to stick around as a tenant of someone who is so unreasonable?
The law requires that you must "tender" the rent money by the due date. That means you have to make the money available to the landlord, which you did.
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