Evict Tenant for $55 Late Fee Under Notice to Perform Covenant

[Morgan05]

What is the name of your state (only U.S. law)? California

I served my tenant 2 notices; NOTICE TO PAY RENT OR QUIT ($1,850 for rent) and NOTICE TO PERFORM COVENANT (CURE) OR QUIT ($55 — Late fee deemed additional rent per the rental agreement).

Tenant has paid the $1,850 rent. However after the 3 days, Tenant has NOT paid $55 — Late fee deemed additional rent per the rental agreement. Will a judge allow me to evict a tenant based on the tenant not paying the $55?

 

[Zigner]

What is the name of your state (only U.S. law)? California

I served my tenant 2 notices; NOTICE TO PAY RENT OR QUIT ($1,850 for rent) and NOTICE TO PERFORM COVENANT (CURE) OR QUIT ($55 — Late fee deemed additional rent per the rental agreement).

Tenant has paid the $1,850 rent. However after the 3 days, Tenant has NOT paid $55 — Late fee deemed additional rent per the rental agreement. Will a judge allow me to evict a tenant based on the tenant not paying the $55?

I think you muffed this one. You're going to need to serve another notice. How late was the rent that triggered the late fee?

 

[Morgan05]

I think you muffed this one. You're going to need to serve another notice. How late was the rent that triggered the late fee?

The 2 notices were given at the same time. Tenant paid only the rent, 21 days late.

I want to evict tenant based on the NOTICE TO PERFORM COVENANT. Not the NOTICE TO PAY RENT OR QUIT.

 

[Zigner]

The 2 notices were given at the same time. Tenant paid only the rent, 21 days late.

You're going to want to serve a new notice...tenant paid the rent and you accepted it.

You may wish to discuss this matter with a landlord/tenant attorney so that you know the proper way to do things. Best of luck to you.

 

[Morgan05]

You're going to want to serve a new notice...tenant paid the rent and you accepted it.

You may wish to discuss this matter with a landlord/tenant attorney so that you know the proper way to do things. Best of luck to you.

Thanks Zigner,

I edited my post to include:

I want to evict tenant based on the NOTICE TO PERFORM COVENANT. Not the NOTICE TO PAY RENT OR QUIT.

Does this change anything? I read this technique online by another attorney.

 

[Zigner]

Thanks Zigner,

I edited my post to include:



Does this change anything? I read this technique online by another attorney.

Then contact that attorney. However, it sounds to me like you served a defective notice since you characterized the late fee as additional rent.

 

[Morgan05]

However, it sounds to me like you served a defective notice since you characterized the late fee as additional rent.

Ok. It was my idea to include the statement "deemed additional rent" myself, not that attorney. The lease, standard CAR realtor lease, does state late fees are deemed additional rent.

Is your opinion I should have just put late fee, then I would be able to evict the tenant. Or is the whole technique flawed?

 

[Zigner]

Ok. It was my idea to include the statement "deemed additional rent" myself, not that attorney. The lease, standard CAR realtor lease, does state late fees are deemed additional rent.

Is your opinion I should have just put late fee, then I would be able to evict the tenant. Or is the whole technique flawed?

I think you need to speak with a local landlord/tenant attorney. You may also wish to join a landlord association which can provide guidance.

 

[Zigner]

Post hx - ya'll may remember this guy:

https://forum.freeadvice.com/landlord-tenant-issues-42/tenant-breaks-lease-21-days-deposit-return-starts-when-618233.html

 

[Morgan05]

Post hx - ya'll may remember this guy:

https://forum.freeadvice.com/landlord-tenant-issues-42/tenant-breaks-lease-21-days-deposit-return-starts-when-618233.html

Okay. But, please don't shoot the messenger.

 

[birdbrain53]

Here's the way knowledgeable landlords write their leases - to have late fees be paid first out of money received, then rent.

What happens goes like this:

Rent is $1800
Late fee is $55.00

Tenant pays rent late for the amount of $1800.

Landlord applies $55.00 of money received to late fee, then $1745 to rent. There remain $55.00 rent unpaid.

Landlord then sends a new notice of late rent, with a 3 day pay or quit.
On the 4th day after the notice, Landlord goes to court to evict for unpaid rent and legal fees.

Either tenant pays, or he gets evicted with a court order to pay rent and legal fees.

If you as landlord have not eviceted anyone before, use an eviction service.