Legal Question in Real Estate Law in California
tenent law
if a landlord accepts rent that did not include a late fee from the previous month, does the tenent still have to pay late fee? Or is acceptence of the next months fee acknowledement that it did not need to be paid?
1 Answer from Attorneys
Re: tenent law
Certainly not an acknowledgment that the late fee did not need to be paid in the sense that accepting rent renews an expired lease for another period (usually a month).
However, a failure to ask for the late fee, especially over several months, and especially if the landlord has a formal accounting and billing system that normally tracks and re-bills shortages in payments, two things are possible:
(1) The landlord may have expressly or consciously decided not to pursue the late charge, or
(2) The landlord's failure to bill for the old late charge may constitute an unintended waiver of its right to collect it later.
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