Tenant rights: defined What are tenant’s general rights in California? By renting the unit from the landlord, the tenant receives the right to the exclusive use and possession of the rental property during the rental period. The contact information of the landlord must be written into the rental agreement (otherwise known as a “lease”), or, at the very least, must be posted conspicuously in the rental property and/or unit. What is a landlord? A “landlord” is an individual or an entity which owns the rental property. The landlord leases the property to an individual, otherwise known as the “tenant.” The […]

What are late fees? Late fees and similar liquidated damages provisions “serve an important function. They remove the uncertainty factor from determining damages from a breach of contract and reduce litigation.” UCAN v. AT&T Broadband of Southern Cal., 135 Cal. App. 4th 1023, 1038 (2006) (affirming the grant of summary judgment to defendant because liquidated damage clause in pre-printed contract was valid). Indeed, the California Legislature has specifically authorized late fees in lease agreements when (1) it would be “impracticable or extremely difficult” to determine actual damages; and (2) the parties agree upon the amount of the late fee. Civil […]