Legal Question in Real Estate Law in California

Unlawful Detainer

Fact

Mr.X was renting an apartment for $350.00/mo. The lease provides for a late payment of six percent of the rent due if the rent is not received on or before the 5th day of the month. Mr.C, the landlord failed to deliver a notice in January. No payments was made on March 1, 1999. On March 19,"3 day notice to quit or pay rent" was served on Mr.X. On April 5, 1999, Unlawful detainer action was filed. On April 6, Mr. X offered to pay $350.00.

I need to prepare a letter discussing implications of accepting the offered $350.00.

I must address any issues relating to the pending unlawful detainer action and the remedies that Mr.C may elect to excercise.


Asked on 4/19/99, 4:39 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Unlawful Detainer

First, don't give legal advice unless you are an attorney.

The landlord does not have to accept a tender of rent after the

end of the 3-day period, and certainly not after the filing of the

unlawful detainer action. Generally, a 6% late charge will not be

deemed unenforceable. The landlord's failure to give notice in January

does not seem important; the tenant knows of the obligation to pay rent. The

landlord does not have to give a 3-day notice immediately, either, but can

wait.

I would think the tenant does not have a good position from your facts. But I don't

know the tenant's facts, or whether the notice was properly worded or given (or if any

applicable municipal rent control or good cause for eviction statutes were satisfied),

or if there is a habitability or retaliation defense, etc.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


Read more
Answered on 4/20/99, 12:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California