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Landlord Tenant
Can someone be evicted for not paying my late fees?

Can someone be evicted for not paying my late fees?

Full question:

Can someone be evicted for not paying my late fees? This is information I need for my daughter who lives in California.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Florida

Answer:

A tenant's lease may be terminated for a breach of the lease. A failure to pay late charges may be considered a breach of the lease terms if the lease specifies that such late charges will be due. Please read the lease agreement carefully to determine your rights and obligations in regard to payment of late charges.

Under California law, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:

-Failed to pay the rent.

-Violated any provision of the lease or rental agreement.

-Materially damaged the rental property ("committed waste").

-Substantially interfered with other tenants ("committed a nuisance").

-Used the rental property for an unlawful purpose.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if a family member refuses to leave the house?

If a family member refuses to leave your house, you should first communicate with them to understand their situation. If they still refuse to leave, you may need to initiate an eviction process, which typically involves serving them with a formal notice to vacate. In California, this can be a three-day notice if they are not paying rent. If they do not leave after the notice period, you may need to file an unlawful detainer lawsuit to legally evict them.

How do I evict someone who doesn't pay rent in California?

To evict someone who doesn't pay rent in California, you must first serve them with a three-day notice to pay rent or quit. This notice informs them that they have three days to pay the overdue rent or vacate the property. If they do not comply, you can file an unlawful detainer lawsuit in court to seek formal eviction. It's advisable to follow all legal procedures carefully to ensure a valid eviction process.

Can you be evicted for late fees in California?

Yes, in California, a tenant can be evicted for failing to pay late fees if the lease agreement specifies that late fees are part of the tenant's financial obligations. If the tenant does not pay the late fees, the landlord can issue a three-day notice to pay or quit, leading to potential eviction if the fees remain unpaid. Always check the lease for specific terms regarding late fees.

How do I evict a family member who doesn't pay rent in California?

To evict a family member who isn't paying rent in California, start by providing them with a three-day notice to pay rent or vacate. This notice must clearly state the amount owed. If they do not pay or leave after three days, you can file an unlawful detainer lawsuit to seek eviction. It’s important to follow legal procedures to avoid complications.

How do I evict a family member from my house in California?

To evict a family member from your house in California, you should first communicate your intentions and give them a chance to leave voluntarily. If they refuse, you may need to serve them with a formal notice to vacate. Depending on the situation, this can be a three-day notice if they are not paying rent. If they do not leave, you can file an unlawful detainer lawsuit to proceed with the eviction legally.