My daughter was late paying her rent and got a three day notice. She went to pay the rent in full today and the landlord returned it because the late fees were not included. Can she be evicted for not paying the late fees?
This is in Los Angeles. Thanks in advance.
As a preliminary matter, you should know that the landlord can refuse to accept the rent if the rent was tendered beyond the three day notice period. Your facts don't indicate whether or not the three days had already expired. If she tried to pay within the three days and the landlord refused the rent, she ought to have a viable defense in an unlawful detainer lawsuit. For a residential tenancy, the three day notice to pay rent or quit should not include late fees. If the 3-day notice to pay rent or quit includes a late fee, the notice would be invalid for two reasons: First, it includes a demand for payment other than rent, and second, the late fee makes the entire total excessive.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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