My apt landlord jacked up late fee to $100! AND under rent control. Legal? (for rent, month to)

[disgruntled la native]

Originally Posted by ryanms3030

Or if it's legitimate they'll send them to collection and ruin their credit

maybe. not sure large late fees are ever considered legitimate. I know damages to the apt can be though.
also, even if it comes to that hte landlord has to give a grace period to pay the owed charges before sending to collection.

[AmIcrazy77]

[quote=seain dublin;48066633]How about paying your rent on time?

Rent is the first thing you should be ready to pay when it is due.

You have been late twice now in the last 6 months, that is excessive.[/QUOTE /]

Awe now, gee whiz mom. Again?? You were supposed to wait until allll the posts from people trying to offer help for my CURRENT situation were alllll done, BEEEFORRE you began all your posts of self-righteous bullcrap that offer not a damn thing.

[anikom15]

If you're not paying rent on time I can definitely see how an $100 late fee is problematic.

Some credit unions offer free financial counseling.

[jm1982]

Sounds like the landlord got fed up with people paying rent late and raised the late fee .

[Electrician4you]

[quote=AmIcrazy77;48070880]

Originally Posted by seain dublin

How about paying your rent on time?

Rent is the first thing you should be ready to pay when it is due.

You have been late twice now in the last 6 months, that is excessive.[/QUOTE /]

Awe now, gee whiz mom. Again?? You were supposed to wait until allll the posts from people trying to offer help for my CURRENT situation were alllll done, BEEEFORRE you began all your posts of self-righteous bullcrap that offer not a damn thing.

Telling you that your late twice in the last six months is excessive isn't self righteous bs. It's good advice. I wonder if you have the same flippant attitude towards your LL? I can tell you that I had tenants that were constantly late. They are no longer my tenants. Why? I got tired of their bs too.

The rent control covers the amount your rent can be raised, when it can be raised and the process of eviction or notice to vacate process.

Late Fees: Allowed, but they must be “reasonable” and obey rent control laws, and are only enforceable if specified in the lease? If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under California law, a late fee will be enforced only if the fee is a reasonable estimate of the amount that the lateness of the payment will cost the landlord, and if specified language is include in a written lease or rental agreement.
So if the LL can prove your late payment is costing him $100.......


CIVIL CODE - CIV
DIVISION 3. OBLIGATIONS [1427 - 3272.9] ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273] ( Part 4 enacted 1872. )
TITLE 5. HIRING [1925 - 1997.270] ( Title 5 enacted 1872. )

CHAPTER 4. Identification of Property Owners [1961 - 1962.7] ( Chapter 4 added by Stats. 1972, Ch. 941. )

1962.
(a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the following:
(1) Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is:
(A) Authorized to manage the premises.
(B) An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands.
(2) Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made.
(A) If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments shall also be disclosed.
(B) At the owner’s option, the rental agreement or lease shall instead disclose the number of either:
(i) The account in a financial institution into which rent payments may be made, and the name and street address of the institution; provided that the institution is located within five miles of the rental property.
(ii) The information necessary to establish an electronic funds transfer procedure for paying the rent.
(3) Disclose therein the form or forms in which rent payments are to be made.
(4) Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy to the tenant within 15 days. If the owner or owner’s agent does not possess the rental agreement or lease or a copy of it, the owner or owner’s agent shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (1), (2), and (3).
(b) In the case of an oral rental agreement, the owner, or a person acting on behalf of the owner for the receipt of rent or otherwise, shall furnish the tenant, within 15 days of the agreement, with a written statement containing the information required by paragraphs (1), (2), and (3) of subdivision (a). Once each calendar year thereafter, upon request by the tenant, the owner or owner’s agent shall provide an additional copy of the statement to the tenant within 15 days.
(c) The information required by this section shall be kept current and this section shall extend to and be enforceable against any successor owner or manager, who shall comply with this section within 15 days of succeeding the previous owner or manager. A successor owner or manager shall not serve a notice pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with this subdivision. Nothing in this subdivision shall relieve the tenant of any liability for unpaid rent.
(d) A party who enters into a rental agreement on behalf of the owner who fails to comply with this section is deemed an agent of each person who is an owner:
(1) For the purpose of service of process and receiving and receipting for notices and demands.
(2) For the purpose of performing the obligations of the owner under law and under the rental agreement.
(3) For the purpose of receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or owner’s agent, unless the form of payment has been specified in the oral or written agreement, or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable.
(e) Nothing in this section limits or excludes the liability of any undisclosed owner.
(f) If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner.

[ryanms3030]

[quote=AmIcrazy77;48070880]

Originally Posted by seain dublin

How about paying your rent on time?

Rent is the first thing you should be ready to pay when it is due.

You have been late twice now in the last 6 months, that is excessive.[/QUOTE /]

Awe now, gee whiz mom. Again?? You were supposed to wait until allll the posts from people trying to offer help for my CURRENT situation were alllll done, BEEEFORRE you began all your posts of self-righteous bullcrap that offer not a damn thing.

You're wrong. Grow up and get over yourself. Responsible people pay rent on time instead of crying to strangers on the internet about late charges.

[Lorielicious]

Originally Posted by jm1982

Sounds like the landlord got fed up with people paying rent late and raised the late fee .

Probably, but the question is can they go back and retroactively add fees, or should the increased fees be implemented from here on? Sounds fishy to me. Also convenient that his lease copy has been obliterated.

[SportyandMisty]

Originally Posted by disgruntled la native

Just don't pay the late fees. they might try to take it out of your deposit if/when you move out.

Horrible advice. If your rent is $X per month, and you pay them $X but have a $100 late fee outstanding from the previous month, $100 of what you pay will go to extinguish the existing late fee, leaving you short for the current month by $100 -- so you'll incur yet another late fee.

Instead, pay everything they claim you owe and then dispute the fee.

Can you then take them to small claims court, or is there something about rent control ordinances that preclude this?

[seain dublin]

[quote=AmIcrazy77;48070880]

Originally Posted by seain dublin

How about paying your rent on time?

Rent is the first thing you should be ready to pay when it is due.

You have been late twice now in the last 6 months, that is excessive.[/QUOTE /]

Awe now, gee whiz mom. Again?? You were supposed to wait until allll the posts from people trying to offer help for my CURRENT situation were alllll done, BEEEFORRE you began all your posts of self-righteous bullcrap that offer not a damn thing.

Truth hurts, doesn't it?

Self righteous? No, it's called being responsible.

[disgruntled la native]

Originally Posted by SportyandMisty

Horrible advice. If your rent is $X per month, and you pay them $X but have a $100 late fee outstanding from the previous month, $100 of what you pay will go to extinguish the existing late fee, leaving you short for the current month by $100 -- so you'll incur yet another late fee.

Instead, pay everything they claim you owe and then dispute the fee.

Can you then take them to small claims court, or is there something about rent control ordinances that preclude this?

Incorrect. Landlords cannot 3 day notice/evict you based on outstanding late fees.

So if your rent is $2000, and you have a $100 late fee, when you pay the $2000 it goes all to rent. NOT $1900 to rent, $100 for late fee, and $100 for unpaid rent.

Late fees are predatory and on shaky legal ground. Do not ever pay them. If they take it out of your deposit in the end, you may even be able to go to court - depends on the amount and if it's worth it.