What to do if my landlord is charging me for something that I didn’t agree to in my rental agreement?

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What to do if my landlord is charging me for something that I didn’t agree to in my rental agreement?

My landlord has issued me a notice demanding payment of over $500 in late chargers, stating that there is a $25 a day late fee in my rental agreement. However in my agreement it says nothing about that; I have paid 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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are wise to have carefully read your rental agreement with your landlord in that this document controls the obligations owed to you by your landlord and vice versa.

If the agreement states nothing about being assessed a late fee for rent paid late, then contractually your landlord cannot charge you this amount nor can he terminate your lease for not making this payment. If the landlord tries to evict you over this issue, I suggest that you consult with a landlord tenant attorney.


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