California rent late fee law & calculator

Under Cal. Civ. Code §1671: No fixed cap — valid only as reasonable liquidated damages. Grace period: none — the lease sets it.

Late fee due

$75.00

Paid 9 days late; grace ends 5 days after due

A late fee is only collectible if your lease authorizes it. General information, not legal advice.

What Cal. Civ. Code §1671 requires

  • Maximum fee: No fixed cap — valid only as reasonable liquidated damages
  • Grace period: None — the lease sets it
  • Lease requirement: the fee must be authorized in the written rental agreement — an unauthorized fee is uncollectible.
  • California has no late-fee statute for rentals; fees are tested as liquidated damages under Civ. Code §1671 — enforceable only if actual damages are impracticable to fix and the amount is a reasonable estimate
  • Case law (e.g., Orozco v. Casimiro) has struck late fees where the landlord couldn't justify the amount; practitioners treat roughly 5–10% of monthly rent, with a grace period, as the defensible zone
  • Local rent-control ordinances can add their own restrictions — check your city

Rules as of August 2026. Statutes change — verify with the current text of Cal. Civ. Code §1671 before relying on a number, and check city and county ordinances, which can be stricter. This is general information, not legal advice; consult a California attorney for your situation.

Not in California? Every state's late-fee rules → Also for California landlords: the security-deposit return deadline →

Frequently asked questions

What late fee can a California landlord legally charge?

There's no fixed statewide cap, but the fee is only enforceable as liquidated damages under Civil Code §1671 — it must be a reasonable estimate of what a late payment actually costs you, written into the lease. Courts have voided fees landlords couldn't justify. Most practitioners stay in the 5–6% range with a written grace period.

Late fees that apply themselves

Set the rule once — LetsGoLandlord applies fees on schedule, on their own ledger line. Free for 14 days.