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.
Reedley, CA
RMC 5-1-18(E) sets a 5-dB-over-ambient threshold at the property line. For apartments and condos, measurement is taken within the adjoining unit. No zone-spe...
Reedley, CA
Reedley has no local aircraft noise ordinance. The Reedley Municipal Airport (O32) operates under FAA regulations. Federal law preempts local noise rules for...
Reedley, CA
RMC 5-3-10 prohibits animals creating excessive noise. Fines escalate from $100 to $500 per offense. A fourth violation in 12 months requires permanent remov...
Reedley, CA
RMC 5-1-18 targets amplified sound devices. Sound audible at 25 feet is prima facie excessive. Authorized public events with amplified music are exempt under...
Reedley, CA
Commercial vehicles on residential property follow the same RMC 6-2-4 rules: enclosed storage, behind a 5 ft fence, or screened driveway. No front-yard repai...
Reedley, CA
RMC Chapter 10.34 sets fence height limits by yard location. Front yards are limited to lower heights; side and rear yards allow taller fences. Sight triangl...
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