Legal Question in Consumer Law in California

My daughter is living in a college apartment. We have a lease agreement that states the rent to be paid on the 1st, if payment is not received within 5 calendar days after the due date tenant agrees to pay an initial late fee of $50, if unpaid on the 6th calendar day agrees to pay an additional $5 per day.

The issue is, I have a receipt showing payment made on 9/5/14, they are claiming late payment and made her pay the additional $50. As I understand the contract, the late fee applies on the 6th day of the month since the agreement says AFTER the due date, am I correct?


Asked on 9/13/14, 7:29 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Your interpretation would seem to be correct and you might even be able to make an argument that the late fee doesn't kick in until the 6th of the month. However, it is impossible to interpret a contract clause without having the context of the entire contract.

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Answered on 9/14/14, 4:00 am


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