Legal Question in Landlord & Tenant Law in California

Can a landlord back bill for late fees for the rent. The landlord states that because my lease states a late fee will be imposed and that i have periodically paid it in the past that she can. I received an acct statement in august with 2 late fees, she submitted decembers invoice with 9 late fees. I was late on the rent because i make two payments every month.


Asked on 12/04/09, 7:06 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Did the landlord approve of the two payment plan? If not, then the rent was late. Since you are dealing with either a written or oral contract, the landlord has 4 or 2 years to enforce the terms by a law suit. So back billing is ok. There asre some questions,however,as to how much a lanlord can charge for a late fee; it may have to be reasonably related to the damages suffered by the landlord and not some arbitratory amount.

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Answered on 12/10/09, 7:49 pm


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