Legal Question in Landlord & Tenant Law in California

Late rent in Los Angeles

I paid my rent on the 4th of this

month. I usually pay between the

1st-3rd, but it slipped my mind

because of work. I have lived in this

apartment or over 2 years and have

never been late. A check had been

lost/taken from the rent box, so that

rent was considered late. I had no

way to prove that it was taken, so I

had to pay a late fee of $115 + $35

3day pay or leave warning letter. So

I have been told by my manager that

my last month's rent was late. It

was late a little over 12 hours, but

they are assessing a $128 or 10%

late fee. Is this legal as it seems a bit

excessive? I did pay that one time,

but twice is a hard pill to swallow.

Thanks for any help.


Asked on 2/08/09, 4:57 pm

1 Answer from Attorneys
Richard Koman Law Offices of Richard C Koman

Re: Late rent in Los Angeles

The lease controls. Often there is a five day grace period, in which case you wouldn't be subject to late fee. Even if there is, they cannot evict you for failing to pay the late fee, only for failure to pay rent. They could sue you in small claims under the contract but they can't evict. A lawyer would have to look at lease to be more specific. Contact your local Legal Aid.

Read more
Answered on 2/09/09, 1:00 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California