Legal Question in Landlord & Tenant Law in California
statute regarding landlord stating incorrect amount owed in 3-day notice
my lanlord gave me a 3-day notice that included late charges. i disagreed with the amount of late fee so i didn't pay it. he filed eviction papers and i attacked the 3-day notice by filing a demurrer. I have the statutes as to why the demurrer was the proper forum for this and everything i read says in Ca landlord can not add late charges or penalities, but need to know where in the law it says this!! thanks
1 Answer from Attorneys
Re: statute regarding landlord stating incorrect amount owed in 3-day notice
Late fees are an interesting thing. Unless the lease/rental agreement defines late charges as "additional rent," "rent" excludes damages suffered or late charges and a notice under Code of Civil Procedure section 1161(2) ordinarily cannot demand these items.
If the lease/rental agreement provides that "late fee" obligation is an independent covenant (provision) of the agreement, then it could be the subject of a three-day notice under Code of Civil Procedure section 1161(3).
Many localities have free or reduced-fee eviction defense centers. You might want to avail yourself of their attorneys' assistance.
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