Legal Question in Landlord & Tenant Law in California

This is a question regarding a lease in truckee ca for a 4 bedroom furnished house. my landlord is charging me late fees for my first months rent that i don't think are fair. I moved to CA from NY and called her from the road on sept 25 to tell her that i had the checks and could either mail them to her or should i show up with them so that i know i could get into the house on the first night. she said i should wait and deposit them into an account in town and that she would give me the account number. she never gave me the number, despite reminders from me by phone conversation that i still didnt have it and that i needed it to deposit the money. I recieved new instructions from her yesterday (oct 7th) after business hours, to bring the checks to her realtors office because she decided that she didn't want to give me her bank account number. I did so today oct 8th, and recieved a notice for late fees for paying rent late. 35 dollars for being 5 days late, and 25 dollars for each additional day. I do not see how this is fair. I had the checks ready and could have mailed them at any point based on what the lease allows for, but her instructions were otherwise. I attempted to follow her instructions but she never gave me the info i needed. as soon as i had new instructions i followed through. can you please advise me on what to do?


Asked on 10/08/10, 3:37 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, the late fees are almost certainly excessive. The initial $35 is probably okay, depending on the amount of the rent, however, $25 a day is excessive without much question. As to whether or not you should have been charged the late fees, you always had the option of paying the rent in whatever manner the lease specified (I assume the lease indicated that the rent should be paid to the landlord or her management company). If you did not have a written lease, then you may be able to avoid the late fees on the basis that you were following the landlord's oral instructions. If, however, you have a written lease which provides for how and/or where rent was to be paid, it's going to be hard to fight paying a reasonable late fee.

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Answered on 10/13/10, 3:53 pm


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