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I have a questions on rental late fee. I received a summary of late fee dating back to 2014. The landlord never gave me notice that I even had these late charges. Now he wants me to PAID $285.00 for charges in 2014, and July of this year.
This is the first I've even heard that I was later ? I would think U should have got a 30 notice to pay the first one when it was do. Now I have 3 due?
What are my rights ?? I would think the landlord would need to give me notice of these fees and not just just spring them on me.
I have a questions on rental late fee. I received a summary of late fee dating back to 2014. The landlord never gave me notice that I even had these late charges. Now he wants me to PAID $285.00 for charges in 2014, and July of this year.
This is the first I've even heard that I was later ? I would think U should have got a 30 notice to pay the first one when it was do. Now I have 3 due?
What are my rights ?? I would think the landlord would need to give me notice of these fees and not just just spring them on me.
Any advise ?
Thank you,
Do you have a lease?
I don't think that he can do that. Sounds really shifty but i dunno.
I need to get off the computer now so no time to check these web pages out.
You know what day your rent is due on. If it wasn't in the landlord's hand on or before that date, it was late. Since you are the one paying the rent, surely you knew when you paid it?
If it is late, then there is a late fee.
Last edited by oregonwoodsmoke; 11-18-2015 at 11:00 PM..
I have a questions on rental late fee. I received a summary of late fee dating back to 2014. The landlord never gave me notice that I even had these late charges. Now he wants me to PAID $285.00 for charges in 2014, and July of this year.
This is the first I've even heard that I was later ? I would think U should have got a 30 notice to pay the first one when it was do. Now I have 3 due?
What are my rights ?? I would think the landlord would need to give me notice of these fees and not just just spring them on me.
Any advise ?
Thank you,
In CA, a landlord has to prove that what he charges you for late fees is justified, as actual costs he incurred because you were late. For example, if your late payment caused his mortgage payment to be late, and he then incurred a late fee from his bank. He can't just say you owe a $50 late fee, without proving your late payment actually cost him $50. Landlords do it all the time, but it's not actually legal.
It's interesting he's trying to collect those fees from you now. My guess, as a former apartment manager in CA, is that he's expecting to terminate your agreement (or not renew your lease). He can't include late fees in an eviction notice, and he can't deduct them from a security deposit. So, he's trying to get you to pay them voluntarily now.
If I was you, I'd write him a letter like this:
Dear Landlord,
Under California law, a landlord may only charge actual out-of-pocket damages for late rent payments. Additionally, even if you could prove you incurred actual losses due to any late payments, the fact that you did not protest any late payments, and did not request late payment fees for more than a year, indicates that you waived any late fee provision in the lease.
Therefore, we do not believe any late fees are owing. If you feel the need to attempt to sue us over the matter, please be advised that we will assert to the court that you waived your right to collect any late fees by never pursuing them for over a year. Additionally, we would request that you prove your actual losses incurred due to any late payments. And when we win, we will ask the court to order you to pay our court fees and any punitive damages deemed appropriate.
We will, however, accept your notice to mean that you will not accept any future late payments, and we agree to pay all future rent payments on time.
If you owe it as part of your agreement then they have years to collect. It varries by state how long exactly the statute of limitations is.
No, I never received a notice (within-30 days) that any money was owe for late fee's. I pay my rent by electronic bill pay, sometimes the rent might be late on my banks end (for whatever reason). I would never know until I get a notice from the management company of it being late.
However, I never received any notice until 1-1/2 years later stating that I have 3 late fee payment due for $285.00.
So, my original question was should I get a notice in mail within 30-day stating that I have late fees due?
This is the issue, if I did I could have fixed the issue with my bank...
No, I never received a notice (within-30 days) that any money was owe for late fee's. I pay my rent by electronic bill pay, sometimes the rent might be late on my banks end (for whatever reason). I would never know until I get a notice from the management company of it being late.
However, I never received any notice until 1-1/2 years later stating that I have 3 late fee payment due for $285.00.
So, my original question was should I get a notice in mail within 30-day stating that I have late fees due?
This is the issue, if I did I could have fixed the issue with my bank...
You missed the whole point, I never got notice that I even had "late fees".
My questions was I would think I will get notice within 30-days of rent being late... I never knew the rent was later (until 1-1/2 years later). I pay by electronic bill pay, I don't know when they received payment on their end.
So, the question is about notice (not the fee), if I have late fees.. I would think that I would get a notice of such fees within 30-days.
Thank you the help,
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