Posted by DJ - NYC on August 09, 2006 at 22:10:56:
Glenn,
You may want to lend your friend the $100 to catch up on his rent. That would be easier than going to court. Then the landlord may be alot more willing to make repairs. If not a nicely written letter to the landlord would help. After being a tenant for 10 years, I find it hard to believe that an eviction is in order for $100 late payment. Most landlords don’t like turnover, especially when you have a long term paying tenant. My suggestion is to have a nice talk with the Landlord with a hundred dollar bill in your hand.
I’m not familiar with Calif law regarding the rights of a tenant.
I have a friend who is currently $100 behind in rent since May. The landlord told my friend he is charging him a $10 additional late fee for every day he is behind. He is really stressing over this and asked me what to do. He has been a tenant for this landlord for almost 10 years. He is also handicapped and disabled.
The landlord has decided to evict him. The landlord won’t fix the stove, H20 heater, leaky faucet and numerous other misc items. I told my buddy to fight the eviction (which was mentioned only verbally not officially) by the landlord and he can drag it out for months most likely. I told him to get some kind of low-income legal representation and some attorney would jump all over that even tho he has no money for an attorney.
What do you think? What are his options? Does he have a leg to stand on?
According to “Every Landlord’s Legal Guide,” “Technically, under
old but valid California case law, preset late fees are
unenforceable, but landlords who set a reasonable fee–one that
corresponds to their actual losses and isn’t more than 5% of the
monthly rent–are unlikely to be successfully challenged in court
by a tenant.”
Your friend may be able to have repairs made & deduct them from
the rent, but he should know exactly what legally is permissable
in his state. There are tenants’ rights organizations in Calif.,
though a Google search should tell you the basics. Legal Aid
Society may be able to help, but often knowing the law & letting
the landlord know you are informed is the best defensive posture.
I sometimes have tenants try to quote the law to me, but so far
they’ve always been far wrong (e.g., “My cousin told me because
you gave me notice so that means I get 30 days free rent.”).
However, if someone quoted correctly, I’d be wary of a court
battle & perhaps tread more lightly. Note that it is probably
better to amicably resolve any differences than to drag things out
to a bad end. My guess is that if your friend paid an extra $10-20
monthly on his arrears that the threat of eviction would disappear.
The landlord doesn’t have to evict, anyway. He can just give
notice if he doesn’t want to go to court over $100. This isn’t
something about which to get riled up–just figure out a mutually
acceptable solution (but each party should know the law, anyway).