Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!
To be clear, the lease specified a certain amount in late fees if the rent was not paid by a certain date?
Thank you for your patience as I researched this;
Yes, so long as the lease specifically mentioned late fees, a landlord may charge a reasonable late fee if the rent is not received on time- this means the full amount of rent; if a check is dishonored that does not constitute payment.
Further questions? Please post here to continue the chat.
Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned
5 stars *****
as I strive to provide my customers with great service.
(no additional charges are incurred).
Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care
The DA can prosecute for the bad check; but from a civil perspective the LL would need to sue in small claims.
Was the water turned on?
So what is the exact question please?
Yes, if the tenant does not pay deposit and then first month's rent they would be in breach of the contract and they can be evicted.
Yes, as nonpayment would be the basis;
a criminal proceeding does not preclude a civil suit-in fact a conviction will result in the civil court finding for the plaintiff (so the plaintiff would not have to prove anything-the criminal court would take care of that)
It is best to send a written demand letter.
Basically requesting the amount due and asking that it be paid by _ date or one will proceed with obtaining a small claims judgment
continual attempts can be considered harassment; that is why the written complaint is best.
Kindly rate positively if no further questions.
Yes, but one needs to give notice of the eviction before proceeding with filing the court documents.
Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.