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.
Martinez, CA
Amplified music in Martinez is prohibited from being plainly audible beyond 50 feet from the property line at any time, and is subject to full quiet hour res...
Martinez, CA
Martinez has no municipal airport and aircraft noise is primarily regulated at the federal level by the FAA. Buchanan Field Airport in nearby Concord generat...
Martinez, CA
Construction noise in Martinez is restricted to 7:00 AM to 7:00 PM Monday through Friday and 8:00 AM to 5:00 PM on Saturdays, with no construction permitted ...
Martinez, CA
Martinez prohibits habitual dog barking that disturbs neighbors under Municipal Code Chapter 6.04 and noise provisions in Chapter 8.20. Continuous barking fo...
Martinez, CA
Vehicle noise in Martinez is regulated through California Vehicle Code sections enforced by Martinez Police, including prohibitions on modified exhaust syste...
Martinez, CA
Martinez Municipal Code Chapter 8.20 prohibits unreasonably loud, disturbing, or unnecessary noise between 10:00 PM and 7:00 AM on weekdays and 10:00 PM and ...
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