Legal Question in Landlord & Tenant Law in California

Hi, we are in California. Both last month (Mar) and this month, I served my tenant with a 3 day pay or quit notice. Last month, after notice, she paid Mar rent in full (on 3/17) plus the late fee. This month so far, she paid partial rent (on 4/5) and then I served the notice for the remainder of the rent and verbally said to pay late fee. Now, she is saying that because she was served 3 day notice for both months that she does NOT need to pay late fee for both months. Is that correct? Lease clearly states that late fee will be charge after 5 calendar days after rent is due (on the 1st).

Asked on 4/07/16, 11:50 am

0 users found helpful

0 attorneys agreed

No she is not correct. Unless you have a very bizarre lease, the late fee applies to each payment separately. No notices change that.

Answered on 4/07/16, 12:07 pm

Keywords

Match Any Match All

Country

State

Area of Law