I rent an apartment in California and my rent is due on the 1st of the month.?

Question

This month, July, I paid the rent on the 2nd partly because the 1st was a Sunday. I received a note from the owner on Monday morning telling me to pay a late fee charge of $30.00
He has given me a notice to pay the late fee in three days or he will start the eviction process. I checked with my bank and he has already deposited the rental check. Is he entitled to the late fee in California and could he evict me for not paying the late fee?

Would my credit be effected if I don't pay the late fee or I am evicted?

Answer 1

Check your lease the late fee may be in the lease if not they can't really enforce it.
Ask them nicely and maybe they will waive the fee this time.

Answer 2

It depends on how the lease was written, but most of the time if it is due on the 1st, then it is due on or before the 1st. Most landlords will give a tenant 3-5 days grace, but not all do. So, as long as there is no part of the lease that gives a grace period, he is entitled to the late fee.

As far as the eviction, that is real gray area. The answer is he could, but it would be a terrible hassle for $30. If he is pushing for eviction there must be something making him want to push this... either you've made him mad somehow, or he's got another potential tenant he wants in there instead of you...

If you don't pay a late fee your credit probably will not be effected. Most landlords do not report rental payment problems unless it is a high amount, again, due to the expense and time factor.

However, if your are evicted, that is a legal action. Depending on your area, an eviction action might be reportable by the local credit reporting agencies, which would filter into your credit report.

Answer 3

Definately check the rental agreement. Some people can try to get away with things that they shouldn't. I am a landlord, (in CA) have great tenants, but in our lease agreement, their rent was late after 10 days. They would pay a late fee after 10 days. Normally, you do have a grace period. A lot of times, this grace period is for mail time, but some tenants take advantage of that too. I don't even remember how much the late payment was for my tenants! I hope I never have to look it up because by the 10th, my mortgage payment is due (not late) and I will have already sent my house payment. If I remember correctly, credit can be affected if you are 30 days late and that is only if the landlord reports to the credit bureau and it sounds like he's the type that would. Maybe I am too nice? I didn't even charge them for the two pets! But I didn't feel right, because they came to see the house while we were still living there and I had 3 cats and a bird and I just couldn't charge them extra. Besides, I met their dog and he's a sweetie pie. Anyway, check your agreement and go from their. it's binding. If he gives you any greif about it, just pay the fee and find another place to live, I suppose. Or you can take him to "Judge Judy"! : )

Answer 4

Sounds like a jerk. I know most leases will say if you don't pay by a certain date, then a penalty must be paid. See what it says in your lease. If it doesn't say anything like that then he had no right to charge you a fee. Also, usually they give you to the 5th or something like that without a late few. Definitely check out and see what it says. If he was the one at error, bring it up that in the lease it either states nothing about the late fee or you had until later to pay without a late fee. If the lease says that you have to pay the $30 if it's late at all, then unfortunetly you'll have to pay it because you signed the lease. Landlords can be shady :(, I'm having some bad luck right now.

Good luck to you, hopefully it will work out.

And I don't think you're credit will be affected. I've never heard of anything like that but I'm not positive.

Answer 5

Check your rental agreement about the late fee. You can charge a late fee in California, but one day.

It sounds like the guy wants you out of the house. Maybe you should start looking around.

Answer 6

He is an idiot. Most leases say rent is due on the first but there is a 5 day grace period before rent is due. His serving you a notice to quit for a late fee isn't even how you use that paperwork, so he is a landlord who is ignorant of the law and how to serve paperwork. It would not stand up in court, but he sounds greedy and stupid which is not a good combination.

For California rental law, check out some of the books by Nolo Press. www.nolo.com it's do it yourself legal stuff in plain english.

Answer 7

My last landlord had the rent due on the 25th of the previous month. I thought this was okay because I was going to be living with a friend and was willing to accept that. But the more I lived there the more I realized that this landlord broke a lot of rules or laws (didn't take care of rat problems, didn't allow smoking even in the backyard!). I'm not sure anymore if it's legal to charge rent on the 25th of the previous month. And there was no 7-day grace period that I had always thought was customary! Anyhow, I'm not sure what you can do, but I would check with your local renters association. Don't let them push you around, you have your rights.

Answer 8

You have rights

http://www.caltenantlaw.com/