California Laws for Unpaid Rent
California law sets clear guidelines on notice periods, late fees, and what landlords can and cannot demand from tenants. Below are the key legal considerations every landlord should know before issuing a notice.
- Governing Law — Calif. Civil Code § 1161(2). [1]
- Notice Period — The 3-day deadline does not include weekends or court holidays. [2]
- Grace Period for Rent Payment — None (no statute). Rent is considered late as soon as it’s past the due date mentioned on the lease.
- Maximum Late Fee: Landlords can charge a reasonable late fee, but there’s no strict statewide cap. [3]
If you end up going to court, it’s helpful to include the specific dates of the overdue rent in the notice.
Restrictions on What You Can Demand
You cannot use a 3-day notice to demand:
- Late fees
- Interest
- Utility charges
- Repair costs or damages
The notice is only for unpaid rent. If the tenant owes additional money, it must be requested separately.
