Legal Question in Consumer Law in California

Rental of storage unit

I rent a storage unit. The rent went up this month. I paid my rent on time but misread the increase and paid 163$ vice the 168$. The Storage company cashed my cash and two weeks later sent me a bill for the 5$ (that's fair enough) and a 25$ late fee. Isn't the fact that they cashed my check evidence that they accepted my payment. I know that it was slightly short but should they have sent back the entire check in a timely manner and requested the full amount?


Asked on 6/17/08, 9:36 pm

1 Answer from Attorneys
Daniel Harrison Berger Harrison, APC

Re: Rental of storage unit

They can accept partial payment at this time. That is not an admission of anything. And it doesn't affect their rights. Maybe the situation would be different if they were foreclosing on their lien rights and selling your items (not sure though, would need to research that).

Just call them on the phone and explain what happened. If they are a reputable company, they should waive the late fee. If they don't waive the fee, feel free to give me a call or email.

In the renting of residential real estate, a landlord should not accept partial payment after he serves a 3 day notice to quit or files an unlawful detainer case (unless the landlord wants to start all over). Perhaps this is what you're thinking of.

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Answered on 6/18/08, 10:18 am


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