Legal Question in Landlord & Tenant Law in California

Rental Payment in Advance Demanded By Landlord

Our landlord requires us to pay rent a month in advance and requires a late fee if it is not paid in advance. For example We have paid Januarys Rentin December. We paid on the 15 day which required us to pay a $25 late fee. Our deposit was also was also 5 times the amount of the rent to move in (1400*5). though we had late pays on our credit history we had no evictions or bankruptcy. Our goal is to pay the rent for the month we are due and not always in advance can you please clarify our rights. Thank you.


Asked on 12/28/04, 10:18 pm

1 Answer from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Rental Payment in Advance Demanded By Landlord

Your rights depend on your written agreement. If your written agreement states that you have to pay in advance, then you will have to. When does your written agreement end? If you do not have a written agreement, your agreement is based solely on any oral agreement that you have. Please call me if you have any questions.

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Answered on 12/29/04, 7:51 am


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