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Can A landlady charge 100. 00 for late fees when there was no lease or contract in effect.

San Clemente, CA |

According to the old landlady who charged me $100.00. for late fees. and $ $40.00 for each day not rented. @ 7 days = $280.00 That's what securety is for. All I got back was $ 520.00. Is this legil. Should I take it further in small claims or let it go. I have canceled checks with the dates, according to her she uses the date on envelope as proof of arrival. Plus how long does an eviction stay on record?

Attorney Answers 1


  1. There is not enough information for there to be any advise on your particular situation. Without first looking at the lease that was signed between the parties would be the first step in determining whether this is a matter worth pursuing or not. California Civil Code section 1950.5 governs the means of deductions to security deposit in the landlord and tenant context.

    This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. To schedule an appointment for an attorney-client privileged consultation, contact me at 909-860-0342. Thank you.

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