Legal Question in Real Estate Law in California
I owe 450.00 in past rent and landlady came for it , I stated I hadnt worked the last 3 days due to rain, later the same night I called her to tell her I had $80.00 for her and she states that she doesnt want it, she wants the whole amount,, due to her bank wont except just 80.00.. she is using my rent payments to pay her mortage, and she's telling me that they wont take just 80, also she is going to charge me 15% cause thats what her bank is going to charge her.
Can she do this? Bacdorbetty....
1 Answer from Attorneys
It is true that mortgage processors generally won't accept partial payments. It's also true that rent is due and payable in full per the rental agreement and the landlord or landlady is not required to accept partial payments, although some might.. Whether she can charge 15% additional (did you mean $15.00?) for a late payment, however, will depend upon the terms of your rental agreement. If late fees aren't covered in your rental agreement, she can't charge a late fee and would have to take you to court and plead and prove damages in order to collect something in addition to what is provided for in your agreement.
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