Legal Question in Real Estate Law in California

Collecting past late fees

We had a verbal agreement with out landlord to pay rent late, by 15th as long as I submitted a letter letting her know when to deposit it. Now, after we have vacated, she is suing to collect all of the late fees some are as far back as 40 months ago. She never asked for late fees or sent a 3 day notice, however it is added in the rental agreement. I have heard that recent legislation in California all but made late fees illegal in residential rental agreements.


Asked on 8/30/04, 2:04 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Collecting past late fees

I believe there is a code section in the civil code that provides that when a payment for a month is accepted it is presumed that all previous monthly payments have been made. Check the Eviction Defense Manual, at the local law library or check Nolo Press for a tenant defense book.

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Answered on 9/04/04, 3:34 pm


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