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.
Delano, CA
Delano has not adopted a specific leaf-blower ordinance. Use of gas-powered leaf blowers is regulated through the 65 dB(A) CNEL noise standard (DC §20.10.180...
Delano, CA
Delano Development Code §20.10.90.2.b requires walls for screening commercial and industrial activities and for sound attenuation as a condition of approval ...
Delano, CA
Outdoor burning of agricultural and yard waste in Delano is regulated by SJVAPCD Rule 4103 (Open Burning), which requires permits and prohibits burning on de...
Delano, CA
Many Kern County cities maintain a juvenile (under-18) curfew under state authority (Cal. Welfare & Institutions Code §625.5). Delano follows this general pa...
Delano, CA
Delano's Central Valley climate means snow on sidewalks is essentially nonexistent. Sidewalk obstruction by vegetation, debris, or merchandise is addressed u...
Delano, CA
Patio covers and carports attached to a residence may extend into a required rear or interior side yard under Delano Development Code §20.10.30.1.b, subject ...
See how Delano's late fees & grace periods rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.