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.
San Bernardino, CA
Amplified music audible beyond property lines during quiet hours violates SBMC Chapter 8.54. Police can issue citations and impound sound equipment under SBM...
San Bernardino, CA
Aircraft noise is preempted by the FAA and not subject to local San Bernardino enforcement. San Bernardino International Airport (SBD) and nearby March Field...
San Bernardino, CA
San Bernardino Municipal Code Chapter 8.54 sets quiet hours from 10 PM to 7 AM weekdays and 10 PM to 9 AM weekends and holidays. Exterior residential limits ...
San Bernardino, CA
Outdoor concerts, backyard parties, and festivals in San Bernardino must stay within SBMC Chapter 8.54 limits. Large or amplified events typically require a ...
San Bernardino, CA
Industrial noise limits in San Bernardino follow Development Code 19.20.030 standards, with exterior caps of 70 to 75 dBA depending on zone. SCAQMD Rules 444...
San Bernardino, CA
San Bernardino uses CVC 22651(k) to tow vehicles left on public streets more than 72 hours. Abandoned vehicles on private property can be removed under CVC 2...
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