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I pay my rent on 3/2/2018 at the office and got a receipt…

Customer Question
I pay my rent...

I pay my rent on 3/2/2018 at the office and got a receipt ,now they charging me $150 for late fee. is that right??

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California, sacramento

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I have to check the paper, but before they usually charge after the 3rd.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not now, I check the papers. I will chat later. thank you

Submitted: 3 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
3/16/2018
Lawyer: barristerinky, Attorney replied 3 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,132
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

When is your rent due according to your lease?

.

Does the lease give you any grace period before a late fee applies?

.

.

thanks

Barrister

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Customer reply replied 3 months ago
on the first of the month.
Lawyer: barristerinky, Attorney replied 3 months ago

Ok, so does the lease give you any grace period before a late fee applies? If not, then unfortunately they can charge you a late fee if rent is paid after that, whether it is the 2nd or the 10th...

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. Different expert here.

Legal fees in a residential lease in California are invalid as a violation of public policy. California Civil Code, Section 1671(d). It doesn't matter if the late fee is in the lease, because that provision is void. It doesn't matter how late the rent is. They could go to court and file for eviction due to late rent, but they cannot charge a late fee.

The only exception is "when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage". That almost never is going to apply to a lease situation, because their damage for a late payment is the interest they're paying on loans for the property, or the interest they'd get from a bank account. Either is quite easy to calculate.

Not only do you not have to pay the $150 late fee, but you can sue in Small Claims Court for any late fees you've paid thus far.

http://www.courts.ca.gov/selfhelp-smallclaims.htm

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Lawyer: Lucy, Esq., Attorney replied 3 months ago

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