Legal Question in Landlord & Tenant Law in California

My tent has paid partial payments for rent yet has not fully paid. The rent is late starting the 4th of each month and there is a $25 late fee for each day he is late, it is now the 12th and he still owes a few hundred dollars in rent and the late fees have added to $225 in late fees just for this month. I sent him a notice that late fees will continue until the rent is fully paid. If he pays the rest of the rent and not the late fees can I deduct the late fees from the security deposit or is there something else I can do? I live in California.


Asked on 12/12/12, 3:23 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

A security deposit in California may not be used as an offset on a rental claim without written consent of the tenant.

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Answered on 12/12/12, 4:33 pm


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