Tenant late fee

[OneSadMama]

Hi I live in California.
I read an article a while back that said it is technically illegal to charge a late fee for late rent.
Although I cannot recall the exact details, has anyone else heard of this?
Also, I was wondering, how is it legal for a landlord to only accept money orders? Couldn't that somehow be considered overcharging for rent since there is a fee to purchase a money order and there is no other option for method of payment?

 

[reenzz]

Under California law, the landlord can charge a reasonable late fee, but ONLY if the lease or rental agreement provides for late fees. Late fees must be reasonably related to the costs that a landlord faces as a result of a tenant's rent payment being late . A properly set late fee is legally valid, but a late fee that is so high that it amounts to a "penalty" is not legally valid.

 

[Just Blue]

Hi I live in California.
I read an article a while back that said it is technically illegal to charge a late fee for late rent.
Although I cannot recall the exact details, has anyone else heard of this?
Also, I was wondering, how is it legal for a landlord to only accept money orders? Couldn't that somehow be considered overcharging for rent since there is a fee to purchase a money order and there is no other option for method of payment?

Reenzz addressed the late fees. To answer your second question regarding money orders...yes. Perfectly legal and very prudent. Money orders don't bounce nearly as often as personal checks.

 

[Just Blue]

BTW...Get your MO's at the post office...they cost next to nothing there.

 

[Zigner]

Under California law, the landlord can charge a reasonable late fee, but ONLY if the lease or rental agreement provides for late fees. Late fees must be reasonably related to the costs that a landlord faces as a result of a tenant's rent payment being late . A properly set late fee is legally valid, but a late fee that is so high that it amounts to a "penalty" is not legally valid.

I gotta disagree with you (mostly).
https://codes.findlaw.com/ca/civil-code/civ-sect-3302.htmlThe detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.

What that means is that the only allowable remedy for failure to pay money that is due is the collection of the money due plus allowable interest, which is a paltry amount (about 10% annually). So, on a $2,000 monthly rent, the maximum late fee the LL could collect would be about 67¢ per day.

 

[OneSadMama]

I gotta disagree with you (mostly).
https://codes.findlaw.com/ca/civil-code/civ-sect-3302.htmlThe detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.

What that means is that the only allowable remedy for failure to pay money that is due is the collection of the money due plus allowable interest, which is a paltry amount (about 10% annually). So, on a $2,000 monthly rent, the maximum late fee the LL could collect would be about 67¢ per day.

Ok. So I live in low income apartments and my rent fluxuates any time there us a change of income. Would the 10% still apply? How can I get my landlord to abide by this?

I also thought of a few more questions. I used to have a chain type lock on my door (there already upon move in) which I had to move higher when my son slept walked and was trying to go outside (he was able to reach it).
I have since transfered to a different unit and am being told that I am no longer allowed to have that type of lock. It is a metal door with a keyed deadbolt.
Is it ok for her to not let me have that sort if lock? I can see on the door where the holes had been filled where a lock once was.

Also, more about money. I read that a deposit upon move in cannot exceed twice the monthly rent. In my situation, would that be twice what I am charged or twice the value of the apartment. For example which of the following would be correct? If the apartment without a subsidy would normally cost 800 the deposit should not exceed 1600. However, with the subsidy it costs the tenant 200, resulting in a deposit of 400.
I hope the above made sense. It's sometimes difficult to put my detailed thoughts into writing.

 

[justalayman]

Putting on a chain lock damages the door. Are you willing to be liable for repairing the damages? Since it’s. Given installing the lock will cause damages, ask the landlord if you are willing to pay those damages now will he allow you to install a chain lock. .

If you have a keyed deadbolt, why would you need the chain lock?


What is the monthly rent on your lease? Not some among calculated by subtracting whatever subsidy you may be recieving but the actual monthly rent amount listed.

 

[OneSadMama]

The listed amount is around 900. I don't remember exactly and I do not have my lease on hand at the moment.
I don't mind filling in the holes of a chain lock as I've already filled in small holes from my previous chain lock, pictures on walls, etc in my former apartment before I transfered to a different one. In addition, there are already holes in the door, which have since been filled, from where a previous chain was.
I would like to add the chain so that should my son ever sleep walk again he cannot get out side in the middle of the night. I would also like the chain lock because we are not allowed to have screen doors and occasionally on a cool night I would like to crack the door open a little bit for the air flow but do not want to just leave my door open.

 

[justalayman]

You have no right to fill in any holes. In fact many tenants find their repairs are not acceptable and it costs more to repair the repair than if they just left it for the landlord to repair.

He has already told you no so knowing he has refused permission and then damaging the premises may result in an action you wouldn’t like.


I understand your desire to have a chain lock but the rules are not up to you or me to make.

If the rental amount was listed as $900 then the deposit allowed would be $1800.

 

[OneSadMama]

I filled the holes in the former apartment because the landlord told me to. She said that whatever I do not repair or have repaired before I transfer would be payable to me including materials, tools, and hourly pay for the maintenance man (even though he's already on the clock).
I did not do anything major. Just small things such as fill in small (screw size) holes and I replaced a few slats in the vertical blinds. Blinds that she wanted to charge me nearly $200 to replace and i found the exact same ones for $12 for a small pack to replace the few that had broken.
The holes where a chain used to be in the apartment I transfered to were already filled prior to my moving in.

I would like to thank you, as well as everyone else who has responded, for your time. I did not quite get the answers I wanted, but at least I got answers

 

[Just Blue]

I filled the holes in the former apartment because the landlord told me to. She said that whatever I do not repair or have repaired before I transfer would be payable to me including materials, tools, and hourly pay for the maintenance man (even though he's already on the clock).
I did not do anything major. Just small things such as fill in small (screw size) holes and I replaced a few slats in the vertical blinds. Blinds that she wanted to charge me nearly $200 to replace and i found the exact same ones for $12 for a small pack to replace the few that had broken.
The holes where a chain used to be in the apartment I transfered to were already filled prior to my moving in.

I would like to thank you, as well as everyone else who has responded, for your time. I did not quite get the answers I wanted, but at least I got answers

That was very gracious, thank you.

 

[justalayman]

If the landlord allowed you to make such repairs then you can, obviously. For whatever reason it appears the landlord simply doesn’t want to allow the same with the new apartment, at least regarding the chain lock. . Since there is no law requiring a chain lock there is no way to force it upon them.

Maybe reminding them that you did take care of repairs st the old apartment and a little nudge now and then might get them to change their minds.