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  1. #1
    Join Date
    Jan 2007
    Posts
    1

    Default Late rent

    My rent for my apartment is 2200. My landlord has is in the lease that if he gets rent after the first we pay 220 late fee. Monday was new years but he got the checks the morning of the second? is that allowed? also we had a problem with the front door. The lock broke and he made us pay $100 dollars to fix it when it wasn't r fault...the locksmith said the lock was put in wrong. Im in california...please save me from my scrooge!

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: late rent

    Quote Quoting tstrass
    View Post
    My rent for my apartment is 2200. My landlord has is in the lease that if he gets rent after the first we pay 220 late fee. Monday was new years but he got the checks the morning of the second? is that allowed? also we had a problem with the front door. The lock broke and he made us pay $100 dollars to fix it when it wasn't r fault...the locksmith said the lock was put in wrong. Im in california...please save me from my scrooge!
    I found all three of these links quite interesting.

    http://www.hrfh.org/faqrent.htm#2late

    http://www.caltenantlaw.com/LateFees.htm

    http://www.caltenantlaw.com/Res-Law.htm#Late%20Fees

    Please consult with a local attorney to validate what the links above are stating.

    As far as the lock on the door, who put it in wrong?

  3. #3

    Default Re: Late rent

    You're right about the deadline. In California, if the due date for rent falls on a Saturday, Sunday or legal holiday, you have until midnight of the next business day to get the money turned in. (California Civil Code, Section 11). So paying the rent on the second should have been OK.

    As far as the late fees go, the law's a little ambiguous. Generally speaking, the landlord is only supposed to collect enough in late fees to cover his extra costs because your rent is late. In reality, "late fee" is just another way of saying "liquidated damages." The landlord has a right to reasonable recovery for his costs when the rent is late, and that's all. I'd love to see how he landlord would justify $220 in costs because you're late with the rent.

    Here's another good reference on your rights in California as a tenant. dca.ca.gov/legal/landlordbook/catenant.pdf

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