Legal Question in Landlord & Tenant Law in California

Late charge on rent that is payed on day due

At the apt I live in the rent is due by the 3rd of each month. I payed it on the 3 in the evening when I got home from work so it would not be late. They are saying a note on the door say it has to be in office by 5:30 that is when they close. I do not get home till after 6. It was payed on the 3rd. They have a night box for such matters, if not why do they have the night drop. Besides if I remember correct the lease just says by the 3rd no special time. Do they have the right to charge me a late charge, and an eviction notice to be out in 3 days if I don't pay it. My rent is over 1700.00 plus water, trash, its all I can do just to pay that. Please advise. Thank you


Asked on 2/04/06, 9:12 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Late charge on rent that is payed on day due

Unless your lease states that it has to be paid by 5:30 p.m., anytime during that day seems reasonable. In the future, however, I would make sure to pay it in advance. See if you could work out an arrangement for a postdated check that they would cash on the third if you can't get to the rental office by the close of business.

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Answered on 2/04/06, 9:35 pm


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