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.
Selma, CA
Selma establishes decibel measurement criteria in Section 6-17-3 and monitoring procedures in Section 6-17-4. The prima facie violation threshold is 5 dB ove...
Selma, CA
Selma regulates amplified music through both its general noise ordinance (SMC 6-17-5) and public address system rules (SMC 6-17-8). Amplified sound exceeding...
Selma, CA
Selma applies the same 5 dB-over-ambient standard to industrial noise under SMC Chapter 17. The city has industrial and commercial zones along Highway 99 and...
Selma, CA
Selma addresses barking dogs under Section 6-2-10, which prohibits excessive noise and nuisance from animals. Dogs causing repeated disturbances through loud...
Selma, CA
Selma is not located near a major commercial airport. The nearest airports are Fresno Yosemite International (FAT), about 20 miles north, and Selma-based agr...
Selma, CA
Selma does not impose a blanket overnight parking ban on residential streets, making it more permissive than many California cities that restrict parking dur...
See how Selma's late fees & grace periods rules stack up against other locations.
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