Legal Question in Landlord & Tenant Law in California

n January, my money order I mailed to my LL got lost in the mail. They decided to charge me the $50/day late fee that is in our rental agreement. I paid Feb rent on time and didn't get reimbursed for money order until Feb 25th. So they asked for $2000+ in order for us to stay in the house. We don't have that kind of $ so we've moved. They now want to keep our $1000 security deposit and call it even. Is this fair? Is it all legal?


Asked on 4/08/14, 8:47 am

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

A late fee charged at $50 per day would be deemed excessive. If that $2000 represents accumulated fees for January, it would be invalid in my opinion. I would not agree to waive your secuirty deposit and, if they take the late fees out of the depositi or try to collect in another way, I would dispute any such action. Small claims court would be your best avenue to contest such charges.

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Answered on 5/02/14, 10:38 am


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