concerning renting problem (rental, tenants, landlord)

[bobbyCA]

Hello, I currently live in berkeley CA, and have recently given my landlord the rent check for the month on time. My account may have had insufficient funds, and now I have to give him another check or the cash. I am going to give him the late fee but he also wants to charge me a fee for what he said his bank charged him for cashing a check with insufficient funds. Is my landlord screwing me here or do I have to pay his bank fees aswell??


Thanks in advance,
B.

[user376]

You're on the hook for it if your lease says so.

See: California Tenants - California Department of Consumer Affairs

"The landlord also can charge the tenant a fee if the tenant's check for the rent (or any other payment) is dishonored by the tenant's bank. (A dishonored check is often called a "bounced" or "NSF" or "returned" check.) In order for the landlord to charge the tenant a returned check fee, the lease or rental agreement must authorize the fee, and the amount of the fee must be reasonable. For example, a reasonable returned check fee would be the amount that the bank charges the landlord, plus the landlord's reasonable costs because the check was returned. Under California's "bad check" statute, the landlord can charge a service charge instead of the dishonored check fee described in this paragraph. The service charge can be up to $25 for the first check that is returned for insufficient funds, and up to $35 for each additional check. 99"