ANSWERS: 2
  • The rental agreement spells out whether there is a grace period or not. California: It is not a state law, but there are standards that are followed by HUD in their rentals. Private landlords are not bound by the same standards.
  • There is no law directly dealing with grace periods, but under contract law principles, if you have a late fee, you are restricting your ability to evict. A late fee is a liquidated damages clause. What this means is that you are stipulating that the damages for a breach of the lease (i.e. paying late) is a fee. Normally, the damages is eviction. Although a late fee won't act as a permanent bar to an eviction, it will create a period in which you cannot evict.

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