I was charge late fees on my rent since the last 4 months, the have not notified me of a past balance, they have cashed each rent check. And now i have a 3 day notice with $715.00 for past late fees.
Your lease should contain a section about what the landlord's remedies are for late payments, and the amount they can be. A late fee will be enforced only if the fee is a reasonable estimate of the amount that the lateness of the payment will cost the landlord, and if specified language is included in a written lease or rental agreement. If the late fee is not reasonable by those standards, the landlord probably will not be able to evict you on that basis alone. However, I suggest you talk with the landlord and attempt to negotiate a settlement before the three days expire. Hiring an attorney to defend you in an unlawful detainer will likely cost much more, and the results are not assured. Good luck.
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3-Day Notices cannot be used for unpaid late payments.. only for rent. The notice is not valid and any unlawful detainer action based solely on nonpayment of late fees would fail. But he could serve you a 30 or 60 notice to vacate. You are probably better off paying what you owe if you agreed to late fees in the rental agreement.
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