Legal Question in Landlord & Tenant Law in California

HELP!IM BEING EVICTED!for non payment of rent I requested teneant ledger.balance owner says i owe and my rent receipts dnt add up or come close.Apparently im guilty of not paying late fees!I asked how that amount was figured i was tols "there policy is too clear late fees 1st then take remaining amount for rent.?"is that legal ? its not in lease ?


Asked on 11/21/13, 12:20 pm

1 Answer from Attorneys
R. Grace Rodriguez Law Offices of R. Grace Rodriguez

In most jurisdictions, if the lease does not treat late fees as part of the rent then they cannot evict you for non-payment of rent. They are limited to a small claims court action for the late fees. They can then take it out of your security deposit and evict you for not maintaining your security deposit. I think you could possibly win the eviction case, but you are likely to need an attorney to help explain this issue.

Good Luck.

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Answered on 11/21/13, 4:57 pm


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