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.
Yuba City, CA
Yuba City parks operate under posted hours set by the Parks & Recreation Division under Municipal Code Title 9, and minors are additionally subject to the Ti...
Yuba City, CA
Yuba City Municipal Code Title 5 (Public Welfare, Morals and Conduct), Chapter 8 — Curfew — prohibits minors under 18 from being in public places during nigh...
Yuba City, CA
Yuba City has not adopted a municipal No-Knock or do-not-solicit registry. Residents enforce "no soliciting" notices through Cal. Penal Code § 602 trespass a...
Yuba City, CA
Yuba City requires a special permit from the Police Department for soliciting for donations and certain other regulated activities, in addition to the standa...
Yuba City, CA
California's Safe Sidewalk Vending Act (Cal. Gov. Code §§ 51036–51039) decriminalized sidewalk vending statewide. Yuba City may regulate location and time bu...
Yuba City, CA
Municipal Code 8-5 Article 53 distinguishes Mobile Vendors (roving) from Open Air Vendors (fixed sites), with Open Air Vendors limited to approved private-pr...
See how Yuba City'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.