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Ask AttyHeather Your Own Question
AttyHeather
AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 547
Experience:  Attorney with 15 years experience
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My landlord in Los Angeles keeps sending me notices on

Customer Question

My landlord in Los Angeles keeps sending me notices on paying late payment almost harassing me and shows me a ledger deducting it from my rent. So my rent looks as if its always not fully paid. Now I'm sent 3 day notice to pay or quit. I need law advice. I don't think this is fair. Are late charges considered rent?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 3 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 3 months ago.

Just a moment as I type my response.

Expert:  AttyHeather replied 3 months ago.

Under CA law, and specifically under the case Orozco v. Casimiro 121 Cal.App.4th Supp. 7 (2004), the landlord cannot charge a late fee unless (1) the lease specifically allows the late fee, and (2) the late fee is approximately the reasonable amount of the landlord's damages caused by the late payment.

If your lease either doesn't provide for the late fee, or does not have a provision that states that you agree that the late fee is a reasonable estimate of the landlord's damages caused by the lateness of the payment, then you may be able to have the late fee invalidated under the Orozco case.

Has that helped?

Customer: replied 3 months ago.
I have searched online and found this same information. This did not answer my question