Late payment fee collection

[Andy M.]

Hi all. This might be an obvious question to most except me.

Rent is due on the first of every month. On the 5th there is $35 late payment fee according to the lease.

So I would give a "3 Day Notice" to the tenant. According to Cali Landlord book The landlord's notice is not legally effective if it demands more rent than is actually due, or if it includes any charges other than for past-due rent (for example, late charges, unpaid utility charges, dishonored check fees, or interest)."

Q1: So how do collect the late fee and when?

Q2. If tenant is late every month but pays within 3 days, what can you do?

Thanks in advance.

[Jim Stardust]

The 3-day notice is for pay or quit, it shouldn't include anything about the late fee charges. Now, assuming the tenant wants to stay and pay, you'll ask them to include the late fee in the payment. If they don't send it, they're in violation of the lease agreement.