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 Leandro, CA
SLMC §4-1-1115 prohibits use of any loudspeaker, loudspeaker system, public address or similar device between 10:00 p.m. and 8:00 a.m. when it disturbs neigh...
San Leandro, CA
San Leandro is unusual among Bay Area cities: SLMC Article 11 sets only one numeric noise threshold — 5 decibels above ambient at the complainant's property ...
San Leandro, CA
San Leandro does not recognize any 'dibs' or 'savie' parking custom. Public streets are public space — placing chairs, cones, garbage cans, or other objects ...
San Leandro, CA
Permitted fence/wall materials are wood, steel, finished concrete, and stucco. Chain-link and corrugated metal fencing are prohibited. Street-facing fences m...
San Leandro, CA
Retaining walls 4 feet or less measured from bottom of footing to top of wall are exempt from a building permit, unless they support a surcharge (e.g., drive...
San Leandro, CA
San Leandro has no standalone hoarding statute, but SLMC §4-11-1100 caps household dogs at two and applies an Animal Permit requirement to additional animals...
See how San Leandro's late fees & grace periods rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.