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.
Menifee, CA
Menifee's City Engineer designates loading zones marked by signs and curb colors: red means no stopping at any time, yellow allows brief loading on weekdays,...
Menifee, CA
The City of Menifee allows fences up to 6 feet of common materials (chain link, wire, or wood) without a building permit, but block walls and retaining walls...
Menifee, CA
Menifee requires every dog and cat over four months of age to be implanted with an identifying microchip, with the number registered with animal services and...
Menifee, CA
Menifee requires dogs and cats to be spayed or neutered. An unaltered dog may be kept only with a certificate of sterility or a special unaltered dog license...
Menifee, CA
Menifee allows 1 to 4 dogs on a property in any zone without a Conditional Use Permit. Keeping 5 or more dogs (4 months or older) is a kennel, and 10 or more...
Menifee, CA
Menifee makes it unlawful for any dog, licensed or not, to run at large. Off the owner's premises a dog must be physically restrained on a leash no longer th...
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