The landlord has a late fee for utilities in his unlawful detainer action. The lease does not provide for any late fee's. Does this invalidate the basis for his suit? I plan on using this as a defense. Will this get the case thrown out?

You can try but I don't think it will fly.

It probably won't get thrown out; the best you'll probably get is that the judge won't award him the "late fee."

However, if there's interest on the past-due utility bill, you will end up owing that.

Hello mark:

If you owe him money, defending yourself by accusing him of charging you TOO much is going to get laughed out of court.

If you DON'T owe him money, use THAT reason. If you DO owe him money, going to court is going to cost you MORE than you owe now. Plus, you're going to have an eviction of your credit record, and that ain't going to help.

excon

No he has what it appears several claims in his suit, he can be awarded part, or sections of his motion. So this may reduce what they win slightly.