Legal Question in Landlord & Tenant Law in California
Late Fee
My property owner wants to charge a late fee to my monthly rent. I turned in the check into the drop box on the third, they claim that it wasn't there on the morning of the fourth. The property requires that the check be turned in no later than the 3rd of each month. My check is dated for the third, as was the envelope it was in. Is it psosible for them to add this late fee if it is there word against mine?
1 Answer from Attorneys
Re: Late Fee
Unless the late fee is in your rental agreement or lease, the answer is probably "no". If there's no written agreement, you're at their mercy. A suggestion: Make alternative arrangements to pay the rent in a timely manner -- i.e. by the 1st day of the month. Perhaps a wire transfer, or certified return receipt mail or, better yet, handing it to a living and breathing person! Good luck.
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