Legal Question in Real Estate Law in California

I have tenants who are chronically late paying their rent (lease). This time, they sent their check by certified mail. The physical payment (check) is due on the 5th, as stated in the agreement.

Late afternoon on the 8th, in my mailbox I received a notice from the post office indicating I had mail from the tenants there. Because the PO was closed, I went on the 9th to pick it up. The post office is 30 seconds from my home, the couple each pass by it twice a day. They have delivered it in person successfully for months. This time I received the physical check on the 9th. We determined any late payment will be charged $35. Can I legally charge them the $35?

They paid their rent but refused to pay the $35. If I can charge them, can I dedect it from their security deposit because they refused to pay?

Thank you!


Asked on 10/18/09, 5:20 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Who is the "we" that determined the $35? If it's in the lease, and if it is reasonable in relation to the rent, you'll probably be on firm ground enforcing it. If the total rent is $350 a month, $35 is probably unreasonable; if the total rent is $3,500, it's clearly reasonable. Enforcement by withholding from the security deposit refund is permissible if both of the previously-mentioned conditions apply: reasonableness and being provided for in the lease.

You can't just make up a late charge after the lease is in place.

Read more
Answered on 10/18/09, 7:30 pm
Melvin C. Belli The Belli Law Firm

You cannot charge them a late payment unless it is provided for in the lease. it must be a reasonable amount. You cannot just take it out of the security deposit. Was it late? Again depends on what the lease said was it to be in your possession or mailed by the 5th. If silent I would say mailed by 5th. Look at the postmark. If they have been doing this for a long time and you have proof then you could evict them for beaching the for not habitually paying the rent on time.

Read more
Answered on 10/19/09, 1:19 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California