Legal Question in Landlord & Tenant Law in California

Can the landlord write a rental agreement saying "$1300 is due on the first" (that part I'm okay with but the next I question ) "..... if paid after the 10th, a ten percent (10%) late fee and additional processing fee will be due."

Are there guidelines concerning late fees and, especially, additional processing fees, that you might refer to me?


Asked on 11/22/10, 4:47 pm

1 Answer from Attorneys
James Sanchez Law Office of James V. Sanchez

Regarding whether someone can make a contract, since both parties must agree, then yes, and the additional processing fees can be anything you agree to (a limit would be recommended). Regarding the 10% interest, that is the legal rate of interest in California, so yes, that too is in conformance with the laws of California.

The additional processing fees can be just about anything, but may include legal fees for giving a pay rent or quit notice, or even initiating an eviction or simply accounting charges. The key point would be reasonable processing, but that's a wide spectrum.

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Answered on 12/02/10, 5:18 pm


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