Legal Question in Real Estate Law in California
Can a Landlord evict a tenant for not paying the security deposit? This tenant only paid half and "promised" to may the remainder in 30 days. Also, what can be done about unpaid late fees?
2 Answers from Attorneys
The tenant has failed to comply with the terms of the contract so can be given a three day and thirty day notice, just as though they had not paid the full amount of the rent. You need to be careful as to late fees as there is one case suggesting that the fees must be reasonably related to the actual damages caused the landlord. If you feel that what security deposit was paid will cover any damages the tenant casued, then is it worthwhile to go to trial over the issue of the damages you are entitled to as opposed to regaining possession of the unit?
Absent some local rent-control ordinance to the contrary, material breaches of the rental agreement or the lease, as the case may be, trigger a landlord's right to give notice. If the tenant does not then pay, eviction may begin with filing and serving an unlawful detainer.
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