Legal Question in Real Estate Law in California

Re: Late Rent

The rental agreement determines whether the rental patment is late; there is no definition in the statutes as to the number of days, if any, that must transpire. You can serve a three day notice, and the tenant can pay you the rent within that time; you have then wasted some of yourtime and have an angry tenant [I assume you are a landlord]. I think it is wiser to first find out why the payment was not made and to give the tenant some reasonable time to pay, especially if they normally are decent tenants if you kick them out, what are the chances of getting a better tenant and how much rent do you lose by fixing the unit up and not having it rented?].

Most landlords have in the writtten rental agreement as specific number of days before a lkate payment charge occurs. I do not think there is any case law on it, but some attorney feel a lump sum unrelated to what your actual losses are may be illegal. If it as flat percentage, the only incentive for the tenant to pay once the penalty date passes is to avoid eviction, but the money owed does not increase.

If yhou live in a rental control City or one with eviction controls, read the local requirements first so that you do not violate the law and have the eviction deni;ed.

Re: Late Rent

Follow Mr. Shers' advice.

Re: Late Rent

Rent becomes late when the time it is due has passed. If it is due by the close of business on the first day of the month, it is late at 5:01 p.m.

There is a big difference, however, between "late" and "material breach," and most leases have a grace period.

More important, late charges, even if written into a signed lease, must bear some reasonable relationship to the landlord's actual loss. Excessive late charges are unenforceable.

As to serving a three-day notice immediately upon the rend being technically overdue, yes it can be done, but this conjures up images of the black-hatted villain with the wispy curly moustache, tying the heroine to the track as the 5:01 comes areound the bend in the distance.