Legal Question in Landlord & Tenant Law in California
Fee charges
My landlord stated in the rental aggreeement that we would have to pay a $50 late fee if the rent was recieved after the first of the month. We have sent it in late many times but she never charged us or let on that she would. Now after three years she added all the late fees up and it came to about $400. So all of a sudden she says pay the money or quit. Shouldn't there be some sort of time period she would need to notify us by for each months fee or at least each year? For example; March 2005 late fee should be biled to us by April or even May of the same year. Not suddenly billed in years to come.
1 Answer from Attorneys
Re: Fee charges
Late fees are considered additional ''rent.'' Rent that is more than 12 months past due cannot be collected on a three-day notice to pay or quit. The LL must sue for it separately in court. Additionally, if she didn't collect or charge for it, there may be a waiver issue. Good luck.
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