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Landlord charges $75 late fee + $10/day. Legal?

CAj_ramos1 month ago

Late fee structure in my lease seems aggressive. Is there a limit?

1 reply

✓ Verified answer from a licensed attorney — shown first

Jamal Washington avatarJamal WashingtonVerified Attorney1 month ago

Late fees are governed by your state's contract law and (in many states) statute. Most states require late fees to be 'reasonable estimates of damages' and not punitive. A flat $75 might be defensible; a $10/day late fee on top is often struck down as a penalty. CA case law has invalidated late-fee structures that exceed 6-10% of monthly rent as unreasonable. If the landlord is suing for accumulated late fees, this becomes a defense; if you're just being charged them and paying, you'd have to file a small-claims case to challenge. Worth a consult on your specific lease language.

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