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i'm a landlord and my commercial tenant has been late for 23 of the 27 months he's been there... he's not remited the 10% late fee ever. can i strill charge it or by not collecting it have i waived my right to do so. also how do i know if its a late fee or liquidated damages
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Estate Litigation Attorney serving Redlands, CA
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For commercial tenancies, late fees are valid unless they are unreasonable. Liquidated damages limitations are for residential tenancies. The only way to really find out if your late fee is unreasonable is if a judge rules it to be so.
While you may have waived your right to recover the late fee by never demanding it, you can send a letter to the tenant to request the late fees be paid.
Answered on Dec 06th, 2015 at 8:55 AM