Legal Question in Real Estate Law in California
Late charges
I have a tenant who's rent is due on the 9th, if not paid on time she has to pay a late fee. My problem is she waits until the rent is due the following month to pay the previous month. Can I charge a per day late fee? If so, is there a limit? Can I charge a set fee and if not paid by the 15th in addition to the late fee a per day fee of ____ will be added until paid.?
2 Answers from Attorneys
Re: Late charges
Do you have a written lease. If not, I suggest you obtain one with a late fee clause. Late fees will be upheld if they are reasonable. If the tenant is late most months, I suggest you evict him or her. We can help.
Re: Late charges
You have one late fee per payment.
You should talk to the tenant, and work out an arrangement to get her current (perhaps 10% extra each month).
If this is not a viable solution for her, issue a 30 notice to terminate the tenancy (if it is a month to month rent) or serve her with a 3-Day pay or quit.
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