I am a tenant in California and have experienced, firsthand, the burden of unjust late rental fees. Our rights as tenants are enshrined in the Californian law, however, a majority of tenants are unaware. According to the California Civil Code §1671(d), late fees are technically “void” unless the landlord can provide proof that it is “impracticable or extremely difficult” to assess the actual damages incurred by late payment of rent. It is clear that many landlords exploit this ambiguity and impose exorbitant late fees while the tenant remains uninformed of this potential defense.

This cycle of exploitation disproportionately burdens low-income households who may already be working hard to make ends meet. Implementing fairness and awareness around late rental fees will actively uphold tenant rights, promote equitable housing, and help reduce socioeconomic disparities in our state.

If you looked up “late fees,” this statute didn’t show up, until recently, when the case of Orozco v. Casimiro [(2004) 121 Cal.App.4th Supp. 7] was decided. There, for the first time, an appellate court identified late fees as “liquidated damages” within the meaning of Civil Code 1671 and declared them to be illegal and void.

The time to act is now. We must seek clarity and fairness in housing legislation and promote tenant rights awareness across the state. I urge all California residents, especially those in a tenant situation, to sign this petition. Let's work towards a future where no tenant in California suffers from voidable, unjust late fees.