Can a landlord file a unlawful detainer for late rent ifI have been paying late for over a year?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord file a unlawful detainer for late rent ifI have been paying late for over a year?
I just got served with an unlawful detainer for being late on paying my rent. Yet for over a year I have paid rent at the end of the month, every month, and have never had any legal action taken against me. I did research a case where the tenant won because of a pattern of late payments that the landlord had accepted for over a year. Do I have a chance in court?
Asked on May 25, 2011 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You seem to have done the research on the case law here and it sounds like a fair analogy to your case. Your legal argument would include an implied agreement to change the date of payment. However, a lease is a contract and contracts can not generally be changed unless they are done so in writing. Landlord tenant law is very particular and sometimes court can be a crap shoot. So I would try and consult with an attorney in your area on the matter and the standards used. Discuss the case you found and ask the attorney to "shepardize" it for you, which means to see if it was later overturned or affirmed or used in other cases. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.