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Old 03-10-2010, 06:41 PM
 
1 posts, read 1,261 times
Reputation: 10

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I am currently in California living in an rental. We are almost at the end of our year long lease (and let me tell you I am counting down the days).

My question is that today I got a notice from my landlords that I owe $425 in late fees. They have provided a print out of my "unit" payment tally sheet.

When we signed the lease they told us that rent was not late until after the 5th of each month, and in fact, I have checked my rental agreement and it does not have any wording about late fees or late rent.

Granted there are three months in there were a NSF check was returned and a $25 fee for that and an additional late fee were assessed. I don't have a problem paying these at all.

We are being charged for rent checks that were received and documented by my landlords that it was received on the 4th. They are charging us for Jan, Feb and March with an input date of the 4th on each but in prior months, as noted on the same form, they did not charge us any late fee when July or August were charged with a late fee.

I am under the impression that late fees are illegal in California and I am just confused as to why they seem to be picking and choosing which months they are imposing these fees for.

It all seemed to start when the property manager and her live in boyfriend, the other manager, broke up.

Any help or thoughts will be greatly appreciated.
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Old 03-10-2010, 09:24 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,887,890 times
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Write back with the information you provided here and protest the charges just the way you have protested them here. Admit the charges that you say you owe....and pay them witha check.
I don;t know if late fees are illegal in CA. Othrs more familiar with CA law mnay know. I don;t know why late fees would be illegal when they are normal business practise in other states.
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Old 03-11-2010, 02:15 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,557,959 times
Reputation: 18189
I am under the impression that late fees are illegal in California and I am just confused as to why they seem to be picking and choosing which months they are imposing these fees for.

Late fees are illegal in CA, print it out and give it to the LL.
There's an LL/tenant PDF in the site.
Home - California Department of Consumer Affairs
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Old 03-11-2010, 04:39 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,887,890 times
Reputation: 2771
I learnded something today. I'm glad I don't live in CA., being a LL.
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Old 03-11-2010, 06:31 PM
 
Location: Inland Empire, Calif
2,884 posts, read 5,641,468 times
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I live in Calif and didn't know that..! Fortunately my rentals are out of state where late fees are legal...!
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Old 03-11-2010, 08:33 PM
 
146 posts, read 711,520 times
Reputation: 102
Quote:
Originally Posted by virgode View Post
I am under the impression that late fees are illegal in California and I am just confused as to why they seem to be picking and choosing which months they are imposing these fees for.

Late fees are illegal in CA, print it out and give it to the LL.
There's an LL/tenant PDF in the site.
Home - California Department of Consumer Affairs
That's wrong. I even checked on that very same link, and came up with the following:
Late fees and dishonored check fees
A landlord can charge a late fee to a tenant who doesn’t pay rent on time. however, a landlord can do this only if the lease or rental agreement contains a late fee provision. in some communities, late fees are limited by local rent control ordinances. (see “Rent Control,” pages 27–28.)
Ref: http://www.dca.ca.gov/publications/l...k/catenant.pdf
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Old 03-11-2010, 08:36 PM
 
146 posts, read 711,520 times
Reputation: 102
...but obviously, if there is no such provision in the lease, as the OP says, then the fees are void.
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Old 03-12-2010, 12:43 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,557,959 times
Reputation: 18189
Thanks for the correction...

California law varies by city ordinances...You can check online, so even if the lease specifies a late fee clause, it might be prohibited by city ordinances.
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Old 03-13-2010, 06:46 AM
 
8,652 posts, read 17,241,172 times
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Quote:
Originally Posted by ShaneSA View Post
I learnded something today. I'm glad I don't live in CA., being a LL.
Sounds like california is the LL and you would be working for them...
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