Received 3 day notice for June and July rent but I made payment in June and July.
Can't answer given such limited info .
You need someone to thoroughly review your lease and 3 day notice .
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
Late fees are generally unenforceable in residential tenancies. See Orozco v. Casimiro (2004) 121 Cal.App.4th Supp 7.
And, if the 3-day notice demands more money than you owe, that would be a defense to an unlawful detainer.
However, unless your tenancy is protected by a local rent control/eviction control ordinance, there is a lot to be said for trying to work things out with the landlord, especially since defending yourself from an unlawful detainer lawsuit would be expensive, stressful, and uncertain.
If you are sued for unlawful detainer, you should immediately seek assistance from a local landlord-tenant attorney.
Yes, you can be evicted if you do not timely file an answer to a complaint for unlawful detainer. Generally speaking, a 3 day notice to pay rent or quit cannot ask for late fees. Also, if you paid the rent for June and July, the 3 day notice overstates the amount of rent due. However, this is a defense which must be raised in the answer to the unlawful detainer complaint.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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