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.
Fillmore, CA
Fillmore establishes noise level limits measured at property lines, with different standards for residential and agricultural zones. The rural setting and ag...
Fillmore, CA
Vehicle noise on public streets is governed by CA Vehicle Code §27007 (95 dBA exhaust limit). CVC preempts local ordinances for vehicles on public roads.
Fillmore, CA
Fillmore regulates industrial and commercial noise near residential areas through its zoning code and noise ordinance. Agricultural operations, which are com...
Fillmore, CA
Fillmore regulates noise through the Fillmore Municipal Code. Quiet hours are generally enforced between 10 PM and 7 AM on weekdays and weekends. Persistent ...
Fillmore, CA
Fillmore regulates amplified music under its noise ordinance. Amplified sound must not disturb neighboring residents, particularly during quiet hours. Specia...
Fillmore, CA
Vehicles left more than 72 hours on public streets may be cited under CVC §22651. Inoperable vehicles on private property are a code enforcement violation.
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