California rental fee rules: what landlords can charge
California does not have one rental junk fee law. The rules sit in several Civil Code sections that changed in 2024 and 2025: a one-month deposit limit, refundable move-in charges, a screening fee cap and bans on notice and check fees.
Last reviewed November 1, 2026 against California Civil Code 1950.5 and 1950.6 and the sources below · How we check facts
1. Security deposits: one month, and everything at move-in counts
Since July 1, 2024 (AB 12), a landlord may not take more than one month's rent as security, on top of the first month's rent. A small landlord, meaning a natural person, family trust or LLC of natural persons that owns no more than two rental properties with four units in total, may take up to two months, but not from a service member.
"Security" is broad. Any payment, fee or charge at the start of a tenancy to process a new tenant, or for cleaning or damage, counts. So a move-in, admin or one-time pet fee is part of the deposit: it is refundable and counts toward the limit, and a lease cannot call it nonrefundable. More on move-in fees.
2. Application screening fees
The fee may not exceed the actual cost of screening, and is capped at $30 adjusted for inflation since 1998, about $65.86 in 2026. Since 2025 (AB 2493), landlords must either consider applications in the order received and approve the first qualified applicant, or refund applicants who are not selected. The full application fee rules.
3. Fees that are banned
- Fees for serving, posting or delivering a notice, including 3-day notices (SB 611).
- Fees for paying rent or the deposit by check. Landlords must accept at least one method that is neither cash nor electronic transfer.
- Non-refundable move-in, admin, cleaning or pet fees, as explained above.
4. Capped or limited fees
- Returned checks: $25 for the first, $35 for each later one.
- Rent reporting: if the tenant opts in, the lesser of actual cost or $10 a month.
- Late fees: no dollar cap, but they must reasonably estimate actual losses.
- Card fees: only as an optional choice, with a free way to pay.
5. Getting the deposit back
Return the deposit within 21 days after move-out with an itemized statement and receipts. Since April 1, 2025, take photos before and after any repair or cleaning you deduct for, and for tenancies starting on or after July 1, 2025, at move-in too (AB 2801).
6. What is not law
- No ban on most fees: AB 1248, which would have banned most rental fees, died on February 2, 2026.
- No rental total price rule: an ad-disclosure requirement was removed from SB 611 before it passed. The general hidden-fee law, SB 478, covers prices for goods and services, but its reach to apartment ads is unsettled. Showing the full monthly cost in ads is still the safest choice.
Coming in 2027
From April 1, 2027 (SB 1296), landlords need a written pet policy, linked from their website and digital ads and given with every rental application. An applicant who paid an application fee without seeing it, and then cannot or does not proceed for that reason, can ask for a refund.
More California guides
- Every fee A to Z, with example lease wording.
- Security deposit rules and the application fee limit.
- For renters (en español) and the California FAQ.
- Free tools: move-in cost and deposit calculator, a Word and PDF template and a one-page cheat sheet.
Disclose it in one place. A free fee disclosure page set to California lists rent, every fee and the utilities, with a link and QR code for listings.
Frequently asked questions
How much can a California landlord charge for a security deposit?
One month's rent for deposits collected since July 1, 2024. Some small landlords may take two months, but never from a service member.
Are non-refundable move-in fees legal in California?
No. A fee charged at the start of a tenancy to process a new tenant, or for cleaning or damage, counts as security. It is refundable and counts toward the deposit limit.
What is the maximum application fee in California in 2026?
No more than actual screening costs, and no more than $30 adjusted for inflation since 1998, about $65.86 in 2026 according to the California Apartment Association.
Do California landlords have to refund application fees?
Either they consider applications in the order received and approve the first qualified applicant, or they refund every applicant who is not selected within 7 days of choosing a tenant or 30 days of the application.
Can a California landlord charge a late fee?
Yes, if it is in the lease and is a reasonable estimate of the landlord's actual losses from late payment. State law sets no dollar cap, but penalty-sized late fees can be void.
Can a landlord charge a fee for a 3-day notice in California?
No. Since SB 611, a landlord cannot charge for serving, posting or delivering a notice.
Related
Not legal advice. Confirm your lease with a California attorney.