Can a tenant be evicted for not paying late fees?

UPDATED: Aug 1, 2010

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Can a tenant be evicted for not paying late fees?

And can a landlord file for eviction for non-payment of rent the same day he says he’ll accept the rent? Wouldn’t that be a verbal contract?

Asked on August 1, 2010 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) A tenant can be evicted for not paying late fees if they are in the lease; by not paying, the tenant would be in breach of the lease.

2) A landlord may not simultaneously accept rent and evict, IF the reason for eviction was non- or late-payment of rent. (If the tenant was being evicted for unrelated reasons, such as disturbing other tenants or willfully damaging the landlord's property, that's a different matter.) At any point leading up to eviction, even while in the process, if the tenant offers FULL payment--partial payment doesn't help--and the landlord accepts it, that nullifies eviction.

3) Therefore, as long as tenant in arrears can come up with the money, he or she can forestall his or her eviction.

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 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.

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