I need some advice on tenant laws on late fees assessed.

Gotcha. So, if he is evicting you, and you paid up, and there, and if there's evidence that you paid, then this is an unlawful eviction (better commonly known as a breach of contract).

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

Yikes. Well, if she is tacking on a late fee when it was note late, and if the lease agreement doesn't specify an exact location to make payment, I have no reason to believe that a California judge would approve this.

Plus, keep in mind that you do not have to leave the property. If the landlord is serious, they have to file an unlawful detainer action, citing this very minor issue as a reason for the eviction in court, where the probability is low, in my legal opinion.

How else can I help today?

Yes. If you paid on the third and if January 4th is when the late payments accrue, then any additional monies paid is a breach of contract. Plus, if you make your regular rent payment on 2/1, and they still try to evict, that is another breach as well.

I see what you mean. If they required payment by the close of business, then the late fee will stay; however, if you don't pay the late fee, they still cannot evict you. The reason is because they can only evict you for the non-payment of rent. So, you may still have the late fee hanging over your head, but only if you don't pay what the actual rent is can they begin eviction proceedings.

Gotcha. If it doesn't state that in the lease, then they don't have any legal authority to charge the late fee.

I see what you mean. If that is the case, you will probably want to write back and state that there is nothing stating where the payment has to be made or that it has to be made during business hours and that a California court would probably refuse to honor the late payment. Plus, evictions are not legal for non-payment of late fees.

You're too kind, thank you!