Amid the post-COVID-19 California eviction wave, many California tenants report being charged a fee related to their landlord serving termination of tenancy notices ahead of filing the actual unlawful detainer summons and complaint in court.  As these notices are a banausic and mandatory prerequisite to filing an unlawful detainer summons & complaint – a legal action to oust the tenant from their home – it never followed that tenants could be forced into footing the bill for their landlord endeavoring to oust them.  Yet, some landlords brazenly charge fees for these pre-eviction action notices.

Thanks to the California Legislature passing and the Governor signing SB 611 into law, this practice will no longer be lawful in 2025.  With the passage of SB 611, California landlords will soon be prohibited from charging California tenants fees for serving three (3), thirty (30), or sixty (60) day notices to terminate a tenancy, pay rent or quit, or cure or quit pursuant to California Civil Code sections 1946, 1946.1, and California Code of Civil Procedure section 1161.  California Civil Code §§ 1946, 1946.1; California Code of Civil Procedure § 1161.  Specifically, as to these types of notices as set forth in these sections, California landlords and agents shall not charge a fee for serving, posting, or otherwise delivering any notice related to the termination of a tenancy.  Id.  Along with its other key features, including prohibiting landlords from charging California tenants a fee for paying rent or their security deposits with a check, SB 611 strengthens California tenant protections by reducing the number of excessive fees landlords charge.

By limiting one (1) particularly pillocky junk fee, the California Legislature protects California tenants as the state continues grappling with the post-COVID-19 eviction wave.  Prior to the enactment of this law, crafty landlords frequently attempted to foist these fees onto tenants, who often lacked solid legal recourse to contest their legality.  Now, this changes.  The new law takes effect on April 1, 2025.