Legal Question in Landlord & Tenant Law in California

Late fees

What is the maximum late fee % that can be charged in no cal.?


Asked on 9/20/07, 3:53 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Late fees

I am assuming you are asking about a rental property, i.e. oral or written lease. If not, please disregard this answer.

If so, technically it is illegal to charge late fees, but many judges will not enforce that law, and will enforce the provisions of the lease.

However, not only in Northern California, but in the whole state, late fees are not legal.

I hope the answer isn't too confusing, although many landlord tenant lawyers, including yours truly, still cannot understand the reluctance of many judges to enforce the laws on the books.

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Answered on 9/20/07, 8:06 pm
George Shers Law Offices of Georges H. Shers

Re: Late fees

You can charge a fee that compensates you for your added expenses because the payment is late. So you can charge for the interest you lose, the cost of writing letters to the tenant stating that payment is late, any legal process you start for a three day notice, etc.

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Answered on 9/21/07, 1:40 am


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