Legal Question in Landlord & Tenant Law in California
My apartment complex has transferred ownership to new management. In the past, I structured a payment deal to coincide with my paychecks so that I could pay rent without going into arrears. The new management is drawing a hard line saying they will give me to the 5th, but I don't receive my paycheck until the 8th. This means he will charge me $95 per day that I am late, which comes to $285 in late fees. Is there anything I am legally entitled to to avoid getting slammed by these late fees?
1 Answer from Attorneys
By structuring your payments with the former mgmt company, they established a pattern of accepting your rent after the 8th and waived their right to its payment on the first or any other date. In order for this to change, the new mgmt company must serve you with a Notice of Change in Terms specifically stating that they will not accept timely rent after the 8th and that you will be charged a late fee. I don't believe they can charge you $95 per day for late fees. That's ridiculous, unless you have a written rental agreement that provides such a punitive charge.
If you are in a rent-controlled apartment, you may have a good case against the new mgmt company. If you are not rent-controlled, the new mgmt company will have to serve notice and you may have to comply with their new date. Many of us live paycheck-to-paycheck, so I understand it can be difficult. Best thing to do is to perhaps save up a couple months rent so you can pay on time, or borrow it from someone and pay them back. Or, you can ask that a new rental agreement provide for rent to be paid on a date after the 8th. Good luck.
Related Questions & Answers
-
What happends when you rent a retail store and. You want to break it Asked 7/19/11, 10:40 pm in United States California Landlord & Tenants