Legal Question in Landlord & Tenant Law in California

Am I reading the CA civil code section 1812.626(e) right? To me it states that my landlord can only charge a total late fee for one late payment that is 5% Of my monthly rent payment? Even if in our rental agreement it says $50/day late fee? My rent is $1300, and my money order supposedly got lost in the mail and I got refunded for it 45 days later. They want to charge me around $2200 late fee.


Asked on 4/09/14, 3:19 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That section applies to rental-purchase contracts. Are you in a rental-purchase contract?

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Answered on 4/09/14, 5:43 pm

You are reading it so wrong it is almost scary. Mr. Roach gave you a good hint why. Here's a better one: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1812.620-1812.649

That's not to say, however, that late charges for one late payment of $2,200 is legal. It might or might not be; probably not..

Normally I charge $150 for even the most basic initial consultation for a problem like this, more if legal research is required or I do further legal work. You are so lost, however, and so far away, I'll offer you a special deal. Send me an email after you read the law at the link I pasted above. Show me you have the capability to understand why talking about section 1812.626 makes no sense in your situation. If you can do that, I will send you a couple of citations to resources that WILL apply to your situation and may support your position.

If, however, you can't figure out from the link I sent you why you are so totally far off base, then it would be a disservice to you to tell you anything other than "you need to talk to a local lawyer in person." Otherwise your landlord will win this dispute.

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Answered on 4/09/14, 11:05 pm


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