Legal Question in Landlord & Tenant Law in California

Per the leasing agreement at my apartment complex, rent is due by the 4th of the month, however in the event I can not make it to the leasing office before closing I asked the leasing staff what my options are and they go by this rule: "As long as your payment is in our drop box before we open on the morning of the 5th, you are fine." Well after years of following this rule, I received a late fee because the manager decided to stop by the office at 6:30am and pick up the payments in the box and I dropped mine in on my way out to work about 7:00am. This has been routine for years, because the verbal rule from the staff was as long as it's in the box when we open up on the 5th. The office does not open til 9:00am, which is why I've never had problems with this in the past. When I called the office with my complaint, the assistant manager also confirmed that is the rule she has always been told also (admitting that this is what she tells all tenants). So my question is, from a legal perspective, do I have an argument based on this info? Given my perfect payment history, and the fact that a staff member admitted to sharing this rule with tenants, should I be liable to pay the $100 late fee? This was not a case of negligence on my part (I'm never late), but a case of mmiscommunication on their part. Please advise. Any feedback would be appreciated.


Asked on 1/06/10, 7:54 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

There are two parts to an answer to your question.

1) You are entitled to rely upon the statement made and still made by the staff member that as long as the payment is in the box before they open and they open at 9 am thta the payment is timely. She has clarified the written rule so it becomes part of the written contract. She also has said something that she knows you will rely ipon to your detriment and you did do so, so the complex is estopped [barred by law] from raising the issue of the payment being late. So you should not have to pay the late fee.

2) Even though you agreed to the written lease imposing a late fee of $100, there is some casee law suggesting that any late fees bear a relationship to the actual cost to the landlord of the money being late. One day of missed rental income does not cost the landlord $100 in lost interest, additional work, etc. All that was required was for the manager to go out to the drop box one more time.

Given your record of always being on time and the above two arguments, you should not be charged a late fee. Point out to them that you are the type of tenant they want to keep and that the amount of time they will spend fighting over this exceeds any dollar amount of the fine, and that you are so upset by this that you will continue to fight the issue.

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Answered on 1/11/10, 8:30 am


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