Can my landlord demand payment or evict me for something not stated in my rental agreement?

UPDATED: Feb 28, 2012

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Can my landlord demand payment or evict me for something not stated in my rental agreement?

My landlord has issued me a notice demanding payment of over $500 in late charges, stating that there is a $25 a day late fee in my rental agreement. However in my agreement it says nothing about that but I have payed it in the past in smaller amounts, he is threatening to evict me if I don’t pay them. Can he do that?

Asked on February 28, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What he can try to and prove is that the lease was modified orally by yoour payments.  But the general rule is that a lease can not be modified orally and the contents will govern the rights and obligations of the parties.  Second, the amount seems unresonable.  So if he tries I think that you have a very good defense.  Good luck.

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