Landlord wants late fees.

[Jason in LA]

What is the name of your state? CA

I think I'm pretty much screwed here, but I'll ask anyway.

I've been in my apartment for about 2 1/2 years. I have been late on the rent at times, but not in the past 6 months. There were months where I knew I was going to be late, so I called and told him, and I payed the late fee. There were months where I was a day late. I just mailed it in without a late fee. The landlord never said anything about a late fee, so I just assumed that he thought it got there late because of the mail. If he had asked for a late fee at the time I would have payed it. I haven't been late in a while, but I just got a letter from him saying that I owe him $900+ in late fees. He told me that he'll take it out of my $1200 deposit, but he says that for me to stay in the appartment I need to bring my deposit back up to $1200.

It seems like he can do this. I don't see why he just didn't ask for the late fees at the time. Why is he just now coming up with this? I didn't even know that he was keeping track of them like that. I think he really wants me to move out so he can hike up the rent big time on the next person.

Let me know if I'm screwed like I think I am, or if there is something that I can do.

 

[CA girl]

Late fees

I am not a lawyer, but I have heard that even though a lot of LL's charge late fees, that they are illegal in Ca. I was searching through some Ca. laws the other day and I think I remember seeing one that said that rent cannot be considered late until the 5th of the month and that late fees were illegal. I could be wrong but it might be a good idea to check with a lawyer.

 

[ENASNI]

Nope

I am not a lawyer, but I have heard that even though a lot of LL's charge late fees, that they are illegal in Ca. I was searching through some Ca. laws the other day and I think I remember seeing one that said that rent cannot be considered late until the 5th of the month and that late fees were illegal. I could be wrong but it might be a good idea to check with a lawyer.

Sorry Ca girl... el wrongo.

If the lease and or rental agreement has in it that late fees can be collected.
They can be.
It usually is written like $10.00 a day till paid starting from 3rd day late or something.

OP what does your lease say?
Wow that is some accrual of late fees... I would want to see the LL's accounting of that.

Now about the security deposit being renewed or brought back up to $1200.00. That is strange to me. Not so sure about that. And it does seem like he should have told you of the late fees at the time.

I do not know... this poster is stumped.
Here is a guide though.http://www.dca.ca.gov/legal/landlordbook/

 

[Jason in LA]

I'm going to call him and tell him to send me more information on this. I want to see his books.

Can a landlord take money out of the deposit, then demand that the deposit is brought back to the original amount?

 

[Who's Liable?]

Wait a minute here... He wants to charge you $900 for the late fees, take it out of the $1200 deposit and then want you to bring the depoist back up to $1200? This seems VERY odd... Is your lease up, or are you still in the middle of the lease?

 

[ENASNI]

jeesh

Yo Op!

I hate when I use keystrokes and they go unused unwanted

I want to know what happened!

I thought security deposits only were kept for at the end of a lease.
If this landlord wants to go after these alleged late fees, there should be
a payment plan.
Ya think????

 

[TaxiDriver]

The LL accepted these payments and cashed them? Waited months to notify tenant of late fees just so they could accrue to some silly amount? Wouldn't any reasonable tenant without being notified assume there was no problem? This has got to be really easy...?