Can Landlords Charge California Tenants A Fee For Paying Rent or Their Security Deposit With A Check?
In the age of microtransactions, “junk,” fees, and usury landlord pricing schemes, California tenants can often face daunting amount of fees, including tenancy initiation and termination fees, pet fees and deposits, application fees, guest-related fees, and fees for tendering rent. These junk fees and unknown costs can sometimes become excessive. Some tenants are even charged fees for paying rent or fulfilling their security deposit via check. With many California tenants facing crippling rent-burdens, the California Legislature seeks to provide relief in the form of Senate Bill number 611. In 2025, several new protections take effect aimed at providing greater transparency to California tenants and limiting “junk” fees so that they may make informed rental decisions and remain housed.
SB No. 611 seeks to protect California tenants in three (3) key respects. These include, but are not limited to:
- Landlords may not charge California tenants fees for serving or posting a notice in connection with Civil Code sections 1946, 1946.1, and California Code of Civil Procedure section 1161, which are usually related to unlawful detainer litigation. California Code of Civil Procedure § 1161(6); California Civil Code §§ 1946(b), 1946.1(i);
- California tenants may not be charged a fee when opting to pay the rent or their security deposit by check. California Civil Code § 1947.3(b);
- California law limits security deposits to two (2) times the monthly rent for unfurnished units and three (3) times the monthly rent for furnished units. These limitations are each one (1) multiple lower for service members, as defined by Military and Veterans Code section 400, one (1) times the monthly rent for unfurnished units and two (2) times the monthly rent for furnished units). However, service members with poor credit or a history of damaging prior rental units the default limitations apply, and not the reduced service member limitations. SB No. 611 seeks to provide service member tenants with greater transparency by requiring landlords to specify, in the written lease agreement, why the service member tenant is charged a higher security deposit amount. But, the landlord must return the additional higher security deposit amount to the service member tenant within six (6) months of tenancy if the service member is not in arrears for any rent due during that period. The written lease must also specify this date. California Civil Code § 1950.5.
By limiting one (1) particularly fantastical junk fee, the California Legislature protects California tenants facing a massive rental burden. The State of California also seeks to provide a positive nudge to service member tenants and tenants facing evictions as California tenants continue grappling with the post-COVID-19 eviction wave. The new laws take effect on April 1, 2025.
