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Old 07-05-2010, 06:39 PM
 
1 posts, read 6,973 times
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I I'm renting and apt in hawthorne california my rent was due on the 1st of the month someone told me that I have until the 5th before my rent was consider late well now here is the 5th and my manager want even except my payment saying that the late fee has to b attached I was told by and lawyer that late fees aren't even legal what can I do?
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Old 07-05-2010, 07:01 PM
 
Location: Planet Earth
1,078 posts, read 2,851,883 times
Reputation: 829
Late fees are definitely legal. What does your lease say?
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Old 07-05-2010, 08:53 PM
 
Location: Los Angeles, CA
787 posts, read 1,683,008 times
Reputation: 375
Yes, late fees are definitley LEGAL...assuming it is included in the lease agreement.

There are limits to how MUCH they can charge you (the late fee must have a reasonable relationship to the landlord's costs as a result of the late rent).

This link is a PDF document published by the state which discusses the main issues in Calif. Tenant-Landlord Law. See page 30 for late fee info.

http://www.dca.ca.gov/publications/l...k/catenant.pdf
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Old 07-06-2010, 06:00 AM
 
1,465 posts, read 4,554,655 times
Reputation: 852
There is a lawyer that runs a web site that purports that late fees are illegal California Tenant Law - Free legal advice for California renters' rights and, unfortunately, crap like that spreads through the internet as if it is true.

It does matter how it is worded in the lease. It cannot be used punitively but a reasonable late fee can be charged. 10% seems to be what people feel is reasonable. Unfortunately, it isn't specified in the law, it is up to a judge to decide what is reasonable.

The length of the grace period, if any, should also be specified in the lease.
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Old 07-06-2010, 08:04 AM
 
Location: Bella Vista, Ark
71,925 posts, read 83,581,802 times
Reputation: 41739
I would love to know what kind of a lawyer you spoke with. As has been mentioned, there is a limit to how much can be charged, but of course they are legal.

Nita
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Old 07-06-2010, 10:57 AM
 
Location: Los Angeles, CA
787 posts, read 1,683,008 times
Reputation: 375
Quote:
Originally Posted by DowntownVentura View Post
There is a lawyer that runs a web site that purports that late fees are illegal California Tenant Law - Free legal advice for California renters' rights and, unfortunately, crap like that spreads through the internet as if it is true.

It does matter how it is worded in the lease. It cannot be used punitively but a reasonable late fee can be charged. 10% seems to be what people feel is reasonable. Unfortunately, it isn't specified in the law, it is up to a judge to decide what is reasonable.

The length of the grace period, if any, should also be specified in the lease.
I saw that scam artist's (woops I mean lawyer's) website too. Good catch and clarification.
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Old 07-06-2010, 12:39 PM
 
Location: Los Angeles
5,645 posts, read 7,523,517 times
Reputation: 7495
I charge a late fee of $25.00, and $10.00 for every day the rent goes unpaid, with a maximum of ten percent of the monthly rent.
Bob.
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Old 08-24-2010, 05:39 AM
 
2 posts, read 13,339 times
Reputation: 11
My tenants pay $1,200 mo/rent. It is due on the 1st and late if not received by the 5th, I charge $10 for the first day (the 6th?!) and $5 after that - to a maximum of $100. What confuses me, is which day it should start (is the 6th correct?) and what day does it stop? (do it icount the date on which it is paid?). Thanks

I charge $10
Quote:
Originally Posted by CALGUY View Post
I charge a late fee of $25.00, and $10.00 for every day the rent goes unpaid, with a maximum of ten percent of the monthly rent.
Bob.
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Old 08-24-2010, 08:50 AM
 
Location: Bella Vista, Ark
71,925 posts, read 83,581,802 times
Reputation: 41739
Quote:
Originally Posted by ladystar22 View Post
I I'm renting and apt in hawthorne california my rent was due on the 1st of the month someone told me that I have until the 5th before my rent was consider late well now here is the 5th and my manager want even except my payment saying that the late fee has to b attached I was told by and lawyer that late fees aren't even legal what can I do?
anyone notice the OP posted the first part of July and never came back. I guess she got her answer and didn't like it.

Nita
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Old 09-09-2010, 07:40 PM
 
2 posts, read 13,339 times
Reputation: 11
Dear Calguy and Nita,
My question was: how do I count the days? When does it start? On the 6th? It is due on the 1st and late if not received by the 5th. And do I count the day it is paid also? Thanks
Nancy
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