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.
Madera, CA
City of Madera Code §3-11.01 prohibits any unnecessary noise that is physically annoying to a person of ordinary sensitivity, or which is harsh, prolonged, u...
Madera, CA
Amplified music, DJs, and outdoor speakers in Madera are governed by §3-11.01 (unlawful noise) and Chapter 11's party-response provisions. Madera Police can ...
Madera, CA
The City of Madera has not adopted a gas leaf-blower ban. Leaf blowers must comply with §3-11.01's unnecessary-noise standard and California's statewide AB 1...
Madera, CA
Under Madera City Code §5-1.26, any dog (or other animal) that habitually or continually disturbs the peace of any neighborhood by barking, howling, or yelpi...
Madera, CA
The City of Madera does not publish a numeric construction-hours table; construction noise is enforced under the §3-11.01 unnecessary-noise standard plus Bui...
Madera, CA
Madera Title V (Traffic) restricts commercial vehicle parking in residential zones to active loading/unloading periods. Long-haul rigs, dump trucks, and comm...
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