Legal Question in Landlord & Tenant Law in California

Can a landlord legally attach late fees on the last day that the rent is due?


Asked on 11/03/09, 10:39 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Late fees may only be attached if:

1. There is an agreement (e.g. a lease) that allows for late fees; and

2. Nothing in the law prohibits the type of late fees that are being charged.

Double check your lease agreement. Ordinarily, late fees kick in on the day AFTER the rent is due. In fact, many leases provide that rent is due on the 1st, but is not deemed late until the 3rd or 5th of the month.

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Answered on 11/09/09, 10:48 am


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