Legal Question in Landlord & Tenant Law in California

my land lord at my apartment complex charges us $100 for late fees for our rent if we dont pay by the 3rd of the month. my dad said he doesnt think he is aloud to do that is this true?


Asked on 4/27/10, 2:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, if you are renting a residential property (which I assume your apartment is), then rent cannot be considered late until five days after it is due (technically, the sixth day of the month assuming it is due on the first). Second, the amount of the late fee might be excessive. Review some of the other posts on this site, however, a good rule of thumb is 6%, as that is the cap on residential mortgage late fees. If your rent is about $1,666 or more, then $100 might be a "reasonable" late fee. If your rent is less than that amount, it might be considered excessive. Also, late fee provisions must be in a written lease, or they may not be enforceable.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 5/03/10, 11:45 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California