[CA] [CA] Can a landlord charge storage fees for personal belongings left behind?

Benjamin

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Benjamin

Thanks for your question! So I understand, you were required to vacate the premises of a previous rented property and left some personal property in the premises? Could you tell me how much your rent was per month?

Benjamin

Based on your situation, there are several legal arguments and considerations in California that could potentially support your case:

In California, landlords or property managers can charge storage fees for personal belongings left behind after a tenant vacates. However, the fees must be reasonable and not excessive.

The law requires that the landlord provides notice to the tenant about the belongings and any associated fees. If the fee of $104.83 per day seems excessive, it might be worth examining whether it aligns with local regulations or if it's considered reasonable under the circumstances. A general rule is if your personal possessions are left in the premises, the per day rental fee for the premises can be charged for reasonable storage fees.

Additionally, California law requires landlords to store abandoned property in a safe place and provide the former tenant with a notice detailing how to reclaim their belongings. If the tenant does not respond within a specified period, the landlord may dispose of the items. (§ 1980 to § 1991)

Benjamin

It looks like you have some concerns about the storage fees and late charges. Let me break down the situation for you:

1. Storage Fees: In California, landlords can charge storage fees for personal belongings left behind, but these fees must be reasonable. Given your previous rent of $3,080, a daily storage fee of $104.83 might be considered reasonable if it reflects the cost of storing your items in the space they occupied. 104.83 is about 3120, which seems to be right at your rent, so it may be considered reasonable if presented to the court.

2. Late Fees: Regarding the $300 late fee, California law requires that late fees be reasonable and reflect the actual costs incurred by the landlord due to the late payment. A flat fee of $300, regardless of how late the payment is, likely will be considered excessive unless it accurately represents the landlord's costs.

3. Next Steps:

   • Review your lease agreement to understand the terms regarding storage and late fees.

   • Your recourse would be a small claims filing to assert your position on these fees and argue that they are unjust.

Please let me know if you have further questions.