Legal Question in Real Estate Law in California
What are we entitled to?
The landlord said they do not have to issue any receipt for the monthly rental. Is this right? What is my proof that I have been paying my rent each month when they received and no acknowledgment?
Can they also impose any amount they desire for the late rent i.e $20 if not received by the 5th of each month. This management always denies receiving the rent before or on time. My rent is due every 1st of the month, I make sure it is posted by the 27th or 28th every month yet they used to charge me $10.00 because they did not receive it when in fact it is through their negligence. No other tenant asks them for the receipt each month, is it ok to write to the management and request for one? Thank you.
1 Answer from Attorneys
Re: What are we entitled to?
I am not aware of any law which requires a landlord to issue a receipt. Tell the landlord that you will not pay without obtaining a written receipt. You can even prepare one for the landlord to sign. You should make payment with a check or money order, or some other way which gives an indication of the date paid. You may also want to have a witness.
It is always all right to ask for a receipt.
The late fee should be set out in the lease agreement. If there is nothing about a late payment fee in the lease agreement then the landlord cannot charge the fee. If you don't have a written lease agreement you should obtain one (office supply stores have them, use the short form) and have it signed by the landlord. DON'T SIGN ANYTHING WHICH YOU DO NOT COMPLETELY UNDERSTAND.
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