My apt landlord jacked up late fee to $100! AND under rent control. Legal? (Los Angeles: 2015, rental)

[AmIcrazy77]

I live in a very old building in downtown Los Angeles and we are registered under Rent Control for Los Angeles. In July 2015, we all got a note on our doors from building mgmet that there is now a $100.00 late fee if rent is in after the 3rd. I have been there since 2012 and had no idea what my rental agreement had stated on late fees, if at all. When I emailed my apt mgr recently for a copy, I was told it was lost. They no longer had it. But, they have added two $100 late fees to my 'balance" for paying rent after the 3rd twice in the last six months.

I have done some research and know it's not legal, but not sure how to proceed. Any ideas?

[Alberto F]

They MUST provide you a copy of the lease that YOU signed.


SEND a CERTIFIED LETTER, return receipt to you, making the demand for copy, and also make a formal dispute of owing the additional money, and provide the reason why you dispute any amount.


You must read and understand your rental agreement. Don't make that mistake.


If they can't produce a valid signed contract after your making a legal demand for such, it would be difficult for them to SUE you, not to mention EVICT you, because if they want to evict you, they MUST provide a valid notarized copy of your lease to the Clerk of the Court in your county.


You can also sue your landlord for contract breach....again you must have a copy of your lease.


DO NOT RELY on "verbal communications" or representations of fact. If they "say" the lease is "lost", then demand that they put their assertion and explanation in WRITING.


Copy everything, vix this matter in a certified letter to the Rent Control office and ask for their help as well.


DO this quickly. Your rights are never preserved by just "talking to people".......remember that !....Forget emails too..
rely on the good ole US Postal Service's Certified Mail process.

[Alberto F]

BTW, adding "late fees' is a sneaky way to increase their earnings on the property, and go around Rent Control. Doing it may be illegal in CA as well....speak with them PRONTO.

[ryanms3030]

Or just pay your rent on time

[jacktravern]

Originally Posted by ryanms3030

Or just pay your rent on time

Well yeah , this.

Originally Posted by Alberto F

BTW, adding "late fees' is a sneaky way to increase their earnings on the property, and go around Rent Control. Doing it may be illegal in CA as well....speak with them PRONTO.

Are you sure? Adding late fees isn't legal at all? Or is adding additional late fees on top of whats stated on the lease illegal?

My lease clearly has a late fee on it that the bldg manager discussed day 1. Op, have you read your lease?

[Alberto F]

Adding unapproved ADDITIONAL late fees, may violate the terms of Rent Control La

[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. Though if you're a long term tenant, you probably barely have a deposit anyway.

[ryanms3030]

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. Though if you're a long term tenant, you probably barely have a deposit anyway.

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

[seain dublin]

Originally Posted by AmIcrazy77

I live in a very old building in downtown Los Angeles and we are registered under Rent Control for Los Angeles. In July 2015, we all got a note on our doors from building mgmet that there is now a $100.00 late fee if rent is in after the 3rd. I have been there since 2012 and had no idea what my rental agreement had stated on late fees, if at all. When I emailed my apt mgr recently for a copy, I was told it was lost. They no longer had it. But, they have added two $100 late fees to my 'balance" for paying rent after the 3rd twice in the last six months.

I have done some research and know it's not legal, but not sure how to proceed. Any ideas?

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.

[grend]

I'm not an attorney, but I believe under current law, the landlord can only charge a "reasonable fee" that's based on actual costs incurred by receiving the rent late. That said, pay your rent on time, and you'll be fine.