late fees in ca (renter, credit card, loan)

[justanothermanger]

Originally Posted by hsbosley

Check out this case Orozco v. Casimiro - it is case law, where the california court did indeed rule that residential late fees are illegal. Even if the Landlord has to do extra paper work or make a second run to the bank, that is hardly substantial damages.

After reading the court opinion, it was made very clear that the Appellant won solely based on the evidence for his case. This case does not imply that no landlord is forbidden from charging late fees. In fact it specifically stated ..


A landlord is not limited to interest as damages as a consequence of the late payment of money. He is also entitled to "`"administrative costs reasonably 178*178 related to collecting and accounting for"'" late payments.

with case law to back this up.

The big issue is actually what is "reasonable" to charge. Most California Associations agree that a charge between %.00 and 10.00 is reasonable. This has now sparked my interest, off to Westlaw....

[justtoown123]

I have never been late for almost two years and because of the holiday the office was closed on the fifth. The money order was made out on time and all- the rental agency explained that the drop box is available. it was explained to me that I will now be charged a late fee of %10 percent/rent and that I should have dropped my money order in the box so that it was in there when she opened. Yes I could have paid it on the first or even the second- but the fact that office doors are closed how can I be expected to drop a money order (which is same as cash). My payment history really means nothing to them, and I plan on leaving in the next few months. I am more upset because I cannot pay cash to them, and they gave me a 3 day pay or quit notice with the reciept---huh? I am confused on that. I paid it and here I am now on this board.

[satchala]

I would love to sue the owner of this building. They charge me late fees after a few days and if my check boings , which happens, maybe once a year or so, I'm not aloud to write one for six months. Another $50.00 late fee, coming up. should I just not pay it?

[Rhenzanite]

Originally Posted by satchala

I would love to sue the owner of this building. They charge me late fees after a few days and if my check boings , which happens, maybe once a year or so, I'm not aloud to write one for six months. Another $50.00 late fee, coming up. should I just not pay it?

Seriously? You want to sue the owner of your building when YOU write a bad check? That seems a little odd.

[Lovehound]

Originally Posted by satchala

I would love to sue the owner of this building. They charge me late fees after a few days and if my check boings , which happens, maybe once a year or so, I'm not aloud to write one for six months. Another $50.00 late fee, coming up. should I just not pay it?

Originally Posted by JetJockey

Seriously? You want to sue the owner of your building when YOU write a bad check? That seems a little odd.

Really! That's cheeky of satchala to even consider that. Instead, he/she should get a brain and learn personal finance management. One lesson is to not write NSF checks. Another is to manage your spending so that you have enough left to pay your rental by the due date.

Pay it.

[Rhenzanite]

Originally Posted by Lovehound

Really! That's cheeky of satchala to even consider that. Instead, he/she should get a brain and learn personal finance management. One lesson is to not write NSF checks. Another is to manage your spending so that you have enough left to pay your rental by the due date.

Pay it.

Yep! It's the same amount each month...you know when it's due... why is this such a difficult concept to some?

[blnddbbie]

My rental agreement states you have until the 5th of each month to pay the rent before it is late. Only problem with that is he lives several hundred miles away and in a remote location so even regular mail may take 3-5 days. My rent is only $750, but he charges $50 late fee if the money isnt in his hand before the 5th, and $50 for each day after that that it is late. Is this legal?

[mngmnt]

but then we would fall under the same cycle, "you dont know why they couldn't pay their rent?"
would a late fee be more reasonable than the whole evicton process?
a late fee doesn't affect your elibility to rent elsewhere an eviction on the other had does for 7 years, and the places that do except evictions are the places no one to live in.

[Curmudgeon]

WOW! Lotsa whining in this five-year old thread about heartless landlords. I'm not one. We own our home, but if we were landlords, you'd better believe we'd expect the rent to be paid on time if, for no other reason, than we may have a mortgage on the property which also has a "by" requirement for payment.

I know times are tough but it's up to the renters to abide by the provisions of their agreement/lease. If necessary, shift/re-work your budget to ensure that your payment can be made on time.

I'm not unsympathetic - been there (broke) - done that - but in the end, you are not dealing from a position of strength if you don't abide by the rental requirements.

[steel7]

Originally Posted by blnddbbie

My rental agreement states you have until the 5th of each month to pay the rent before it is late. Only problem with that is he lives several hundred miles away and in a remote location so even regular mail may take 3-5 days. My rent is only $750, but he charges $50 late fee if the money isnt in his hand before the 5th, and $50 for each day after that that it is late. Is this legal?

http://www.ehow.com/info_7757880_cal...late-fees.html