Legal Question in Real Estate Law in California

Rent due weekend late fee

Our rental agreement states that the rent is due on or before the 1st day of the month. If the 1st falls on a Saturday, then does the rent actually become due on the following Monday? In addition our rental agreement states that a $75.00 late fee is due if the the rent is received three or more days after the due date. Then would the late fee clock start ticking from Monday or Saturday?

Also we live in a 6 unit complex and have to send our rent via the US mail. We do not have an apt. mgr. to give the rent to.

Please help, we have a 3 day to perform covenant or quit.


Asked on 12/12/01, 12:38 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rent due weekend late fee

First, with only six units, a resident manager is not required.

Second, the Civil Code appears to EXCLUDE Saturday from the list of holidays on which the performance of a legal or contractual duty is postponed until the next non-holiday. Therefore, I believe if the rent is due on the first, the fact that the first is a Saturday does not postpone it.

See Civil Code sections 7, 7.1, 9, 10 and 11. You can find them at a library or on line.

I think your clock started running on Saturday the first.

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Answered on 12/12/01, 5:37 pm


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