Legal Question in Real Estate Law in California
my tenant is demanding my payment history to the bank while i was refinancing, she claims i could not have charged her late payments during this time, we are in California. She is 3 months behind in payments.
1 Answer from Attorneys
Tell her to cite to you what case or law states late fees are not allowed. Since she wants you to do something and most people assume that the fee must simply be reasonable, she has the burden of proof. There is a case suggesting that the fees have to be reasonably related to the amount of damages you suffer, but if the determination of the fee was made before you stopped payments you can argue you calculated what the average damage would be and you had to do that because you can not go and change the fees whenever you want but only when a new lease or month to month tenancy starts. You are basically set it up as a liquated damage. You need to give her a three day notice but check it out that is is incorrc
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