An oral modification of a written lease agreement with respect to late charges would not be enforceable. Moreover a $100 per day late fee would not be enforceable in California. It constitutes an unreasonable penalty.
Security deposits are strictly governed by California Civil Code section 1950.5.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
I agree with Mr. Chen's response as to late fees. With respect to the accounting, it is nearly impossible to make a determination of what is the proper accounting without ascertaining numerous facts from your situation, for example: the rent, the form of the 30 day notice, when the notice was given, terms of the lease, etc. Security deposit law relevant is CCP 1950.5 which governs the type of deductions that can be made.
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