California sets no fixed dollar or percentage cap on rent late fees, but a late fee in a residential lease is treated as liquidated damages. Under Civil Code § 1671, such a fee is valid only if it reasonably estimates the landlord's actual loss from late payment; arbitrary penalty fees are unenforceable.
California has no statute setting a maximum late fee. Instead, a late fee is a liquidated-damages clause governed by Civil Code § 1671(d), which makes such provisions in residential leases "void except that the parties... may agree... upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage." California courts (e.g., Orozco v. Casimiro) have voided late fees that function as penalties rather than genuine estimates of the landlord's costs, such as administrative expense and lost use of funds. A fee unrelated to actual damages is unenforceable even if the lease recites it.
An unenforceable penalty late fee cannot be collected, and amounts already paid may be recoverable by the tenant. Relying on an unlawful penalty fee in an eviction can defeat the unlawful detainer if it inflates the rent demanded.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Antioch, CA
Antioch lies under the airspace of Contra Costa County's Buchanan Field Airport (CCR). County Airport Ordinance 88-82 Section 27 caps takeoff noise at 78 dBA...
Antioch, CA
Antioch Municipal Code sections 5-17.04 and 5-17.05 limit construction activity and heavy construction equipment to 7 AM-6 PM weekdays (8 AM-5 PM if within 3...
Antioch, CA
Powered lawn and garden equipment in Antioch may be operated between 7:00 AM and 7:00 PM on weekdays and 8:00 AM to 5:00 PM on weekends and holidays. This in...
Antioch, CA
Antioch does not set fixed numeric quiet hours; instead, Antioch Municipal Code Chapter 17 prohibits any unreasonably loud, disturbing, or unnecessary noise ...
Antioch, CA
Antioch Municipal Code section 5-17.02(B)(1)-(2) designates unauthorized vehicle horn use, modified/loud exhaust, and racing a stationary engine as disturbin...
Antioch, CA
Under Antioch Municipal Code section 5-17.03, no person may operate a loudspeaker or sound amplifier that projects sound outside of any building or vehicle a...
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