Legal Question in Landlord & Tenant Law in California

I gave over 30 days notice to my landlord and told him I was going t use my security deposit to pay my rent. He responded and said that was illegal I had canceled my bank direct pay and sent him a check, my rent was six days late. When I receive my security deposit refund the landlord charged me a $50.00 late fee. My lease went from 12 months to month to month. Can he charge me this late fee. My rent was paid on time for 9 years.

Asked on 1/29/18, 12:02 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yes he can. A security deposit cannot, by law, be used to pay last month's rent unless that is agreed to by BOTH landlord and tenant. If a tenant does not pay the last month's rent on time, a late charge can be imposed just like any other month.

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Answered on 1/29/18, 2:59 pm

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