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.