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I am renting a home and my last rental payment is due

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12/15/2017. In reviewing the lease...
I am renting a home and my last rental payment is due 12/15/2017. In reviewing the lease documents...if IO am late there is a one time charge of $268 but there is no adddtional penalty if I am late. Is there an automatic California law that ways that even if the lease agreement on states a one time late fee of a dollar amount theat there is automaticalluy addtional lates fees or interest being addded
Submitted: 7 months ago.Category: Landlord-Tenant
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12/3/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. So, there is no rule that specifically governs your specific situation. What I mean by that is that there is nothing that says that there can be interest added and nothing specifically that says that interest can't be added. The law only says that the fee must be a "reasonable estimate of the amount that the lateness of the payment will cost the landlord," and it also must be specified in the lease agreement as well. WWhat other questions did you have for me?

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Customer reply replied 7 months ago
my rent payment is $2675 and the late fees of $235 with no rreference to additional late fees or interest accurring. please reply
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. If it's only a $235 late fee, then anything else would be a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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Customer reply replied 7 months ago
if I breach my lease ...I know I will be about 4 months late due to a medical issue I am having. What are the exact steps that the landlord mu go thru to prove a breach of contract. Also we signed a move in sheet and must be be a move out sheet agreed to by both parties and signed off by both parties to officially document the damage to property if any and the dollar amount of the return of a $1000 security deposit. My landlord is very trickly and I know he knows real estate law much better than I do and am trying to understand the consquence of being late by 4 months and how return of security deposit works. As you know I am in California so that their laws apply. Please reply....thanks
Customer reply replied 7 months ago
if I breach contract by 3-4 months what are the sexact steps that my landlord mu go trhu to prove breach
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Generally, if they were to prove a breach of contract, they'd have to prove that you agreed to pay for any late fees on top of the $235. This means that they would have to show that you somehow agreed to something higher than the $235. If they can't prove it, then you don't owe. Does that make sense?

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