General info, not legal advice. Details

California Late fee grace period

Last reviewed 2026-10-23

Is there a grace period before a late fee can be charged in California?

No state statute setting a grace period for residential late fees was found in California Civil Code §§ 1940-1954.071. Late fees are judged under the liquidated-damages rules in Civil Code § 1671 (see late fees).

Verified Source: Cal. Civ. Code §§ 1940-1954.071; see § 1671 · last checked 2026-10-23

Related California rules

Late fees

Under § 1671(c)(2) and (d), a liquidated-damages clause in a residential lease is void unless the parties agree to an amount presumed to be the damage, and only where actual damages would be impracticable or extremely difficult to fix. Courts apply this to late fees (Harbor Island Holdings v. Kim, 2003). No statute caps residential late fees.

Verified Source: Cal. Civ. Code § 1671(b)–(d); Harbor Island Holdings, LLC v. Kim (2003) 107 Cal.App.4th 79 · last checked 2026-10-15 · Full California late fees page

Eviction notice (nonpayment)

3 days' written notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due and payment details.

Verified Source: Cal. Civ. Proc. Code § 1161(2) · last checked 2026-10-15 · Full California eviction notice (nonpayment) page

Same topic in neighboring states

All California landlord-tenant law · California landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

Get alerts when California's landlord laws change

A short email when a rule on this site changes. Free, unsubscribe anytime.