Legal Question in Landlord & Tenant Law in California

landlord receiving monthy rent checks

My landlord has no office and the rent checks are sent to a P.O. box, which I have to send certified mail otherwise she tries to say the rent is late and will charge a $75.00 late fee. She has sent late fees to several of us tenants. If the rent due date falls on a Sunday she does not gave the following Monday for payment and says it is late and also changes the due date of the rent. She does no repairs to the building as far as lights burned out, which I have told her 3 times. She bought the building and took all the shrubs out and now there is nothing but dirt. She promised to plant flowers, but has done nothing. What can we do as tenants to solve these problems?


Asked on 7/06/07, 4:16 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: landlord receiving monthy rent checks

There is no real answer to late fees. Some lawyers say there are no legal late fees, others disagree. My experience has been to look to the lease. If you signed a lease with late fee provisions, etc. you are probably liable.

Most businesses don't count weekends or legal holidays as a due date for payments. Again, look to the lease.

As to lights out, the question would be whether a dangerous condition that could harm tenants, or visitors, existed. You could complain to the local building inspectors.

You can't solve the shrubbery problem.

My suggestion is to unite the tenants, hire an attorney for the purpose of writing the landlord a very strong letter, and there is a strong possibility of results.

Other remedies to follow, would probably including "repair and deduct" as to the lights, and/or withholding rent.

Again, the provisions in the lease are critical.

Please feel free to e-mail me, or call me, for additional help.

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Answered on 7/06/07, 11:18 am


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