Landlord filed for eviction 2017-18 and later released the case. Can he charge late fees for rent missed/refused in pre-trial?
This was in LA, California in a Rent Controlled Apartment. Rent base was $950, security deposit the same. There WAS a late fee clause: "Resident shall pay a late charge of $ 95.00 as additional rent." ( I was unaware that late fees are illegal in California until recently.)
Is this legal? What options do I have?
Thanks in advance for your thoughts/feedback.
2 attorney answers
Courts do not consider late fees during an eviction for unpaid rent, when determining if the notice to pay or quit is legally adequate. However, late fees are often legal and enforceable in residential leases assuming they are not an illegal penalty and bear a reasonable relationship to the landlord's additional costs.
In your situation, a landlord would likely be estopped or prevented from charging late fees, when the landlord was refusing your rental payments.