Can a tenant be evicted for not paying late fees?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.


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