STATE: CALIFORNIA
Hello, I've come for some legal advice regarding late rent fees. Basically, I forgot that the cutoff date was the 3rd of each month and for some reason thought it was the 10th. The latest I've paid rent is the 7th or 8th of the month. Keep in mind that this is my first apartment and I'm still under the impression that each landlord sets their own late date. If this is wrong and there is a state/federal law governing late dates, then please let me know.
Today I have just received a letter from the landlord stating that I have incurred $150 worth of late fees, which represent three $50 late charges. This is the first and only notification I've received. The way I see it, the company purposely waited 3 months to rack up late fees before contacting me about a late monthly bill.
Also note that I have lived here for over 2 years and never missed rent beyond what I accidentally thought was the cutoff date.
Also, as extra information that could potentially help me, I have saved an email I sent to the landlord about a leak in the corner of my ceiling that was cracking the plaster and causing mold. He responded saying that he would have someone contact me and come out. This was in Winter 09-10 and no one ever contacted me or came out. Being in school and work I let the issue slide as summer came and I didn't have to worry about the leak. Then in Winter 10-11 I contacted him again and this time someone actually came out and took care of it.
Here is a word for word of the original contract on regards to late payment
"Late rent can incur the following fees: If Landlord, and/or Landlord's agents does not receive rent by the 3rd of the month, a late fee of $50.00 is due. If receipt of rent is late and the Landlord, or Agent of the Landlord, serves a 3-day pay or quit notice to obtain the rent, then an additional $35.00 is due for serving and/or preparing the notice as well as the $50.00 late fee. The Tentant will not receive a call to remind them to pay their rent or if their rent is late prior to serving the notice."
What this says to me is that I should have received some kind of 3 day pay or quit notice the first month I was late, which I definitely did not.
I plan on emailing the landlord a nicely worded message stating that I accidentally thought it was the 10th and that I did not receive any kind of notification for the late fee, as well as being a long term resident, one of only 2 left after these 2 years. If the landlord won't work with me, I'd like to know what legal actions I can take against them. I feel it is in some way illegal for them to wait 3 months to notify me. If they had contacted me after the first month, I would have looked at the contract, seen I was wrong, and paid the first $50 fee.
Any advice is greatly appreciated.
Hello, I've come for some legal advice regarding late rent fees. Basically, I forgot that the cutoff date was the 3rd of each month and for some reason thought it was the 10th. The latest I've paid rent is the 7th or 8th of the month. Keep in mind that this is my first apartment and I'm still under the impression that each landlord sets their own late date. If this is wrong and there is a state/federal law governing late dates, then please let me know.
Today I have just received a letter from the landlord stating that I have incurred $150 worth of late fees, which represent three $50 late charges. This is the first and only notification I've received. The way I see it, the company purposely waited 3 months to rack up late fees before contacting me about a late monthly bill.
Also note that I have lived here for over 2 years and never missed rent beyond what I accidentally thought was the cutoff date.
Also, as extra information that could potentially help me, I have saved an email I sent to the landlord about a leak in the corner of my ceiling that was cracking the plaster and causing mold. He responded saying that he would have someone contact me and come out. This was in Winter 09-10 and no one ever contacted me or came out. Being in school and work I let the issue slide as summer came and I didn't have to worry about the leak. Then in Winter 10-11 I contacted him again and this time someone actually came out and took care of it.
Here is a word for word of the original contract on regards to late payment
"Late rent can incur the following fees: If Landlord, and/or Landlord's agents does not receive rent by the 3rd of the month, a late fee of $50.00 is due. If receipt of rent is late and the Landlord, or Agent of the Landlord, serves a 3-day pay or quit notice to obtain the rent, then an additional $35.00 is due for serving and/or preparing the notice as well as the $50.00 late fee. The Tentant will not receive a call to remind them to pay their rent or if their rent is late prior to serving the notice."
What this says to me is that I should have received some kind of 3 day pay or quit notice the first month I was late, which I definitely did not.
I plan on emailing the landlord a nicely worded message stating that I accidentally thought it was the 10th and that I did not receive any kind of notification for the late fee, as well as being a long term resident, one of only 2 left after these 2 years. If the landlord won't work with me, I'd like to know what legal actions I can take against them. I feel it is in some way illegal for them to wait 3 months to notify me. If they had contacted me after the first month, I would have looked at the contract, seen I was wrong, and paid the first $50 fee.
Any advice is greatly appreciated.