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.
El Cajon, CA
El Cajon prohibits amplified sound reproduction that disturbs the peace, quiet, or comfort of neighboring residents or businesses. Horn, bell, or mechanical ...
El Cajon, CA
El Cajon addresses barking dogs through general noise provisions and animal control. Animals must be kept so as not to create offensive noise affecting surro...
El Cajon, CA
El Cajon prohibits leaf blower operation between 7 PM and 7 AM within residential zones or 500 feet of them. CA AB 1346 banned the sale of new gas-powered bl...
El Cajon, CA
Industrial and commercial noise in El Cajon is regulated by the zoning performance standards in ECMC Chapter 17.200. Sound levels from any operation or land ...
El Cajon, CA
El Cajon prohibits construction, maintenance, and repair work between 7 PM and 7 AM within residential zones or 500 feet of them. Leaf blowers, mowers, and p...
El Cajon, CA
El Cajon requires paved driveways and off-street parking per ECMC Section 17.245. Off-street parking may not be within 10 feet of a public street, except aut...
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