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.
Moreno Valley, CA
Amplified music in Moreno Valley must stop at 10 PM weekdays and 11 PM weekends, measured plainly audible at the neighbor property line.
Moreno Valley, CA
Vehicles left on public streets for more than 72 hours without moving may be tagged and towed under California Vehicle Code section 22669. Inoperable, wrecke...
Moreno Valley, CA
Livestock such as horses, goats, sheep, and cattle are allowed only in Rural Residential and Agricultural zones in Moreno Valley, subject to minimum lot size...
Moreno Valley, CA
Moreno Valley has VHFHSZ along Box Springs Mountain and the Badlands. Chapter 7A and AB 38 disclosures apply to homes in these mapped fire zones.
Moreno Valley, CA
Moreno Valley does not regulate residential lawn ornaments, statuary, religious items, or seasonal yard decor by ordinance. The only city-level limits are si...
Moreno Valley, CA
Moreno Valley has no ordinance specifically governing residential inflatable holiday displays. Setup is subject only to general standards - electrical safety...
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