Illegal rental fees in California
Type any fee from a California lease or listing. The checker reads it against the Civil Code rules on deposits, screening fees, notices and payment methods.
The list
| Charge | Status | Rule |
|---|---|---|
| Fee for serving or posting a notice | Not allowed | Banned. A landlord may not charge a tenant for serving, posting or delivering a notice, such as a notice to terminate or a 3-day notice (SB 611, Civil Code 1946 and 1946.1, Code of Civil Procedure 1161). |
| Fee for paying rent or deposit by check | Not allowed | Banned. Landlords must accept at least one payment method that is neither cash nor electronic transfer, and may not charge any fee for paying rent or the deposit by check (Civil Code 1947.3). |
| Non-refundable move-in, admin or cleaning fee | Not allowed | Not allowed as a non-refundable fee. Any fee charged at the start of a tenancy to process a new tenant, or for cleaning or damage, counts as security under Civil Code 1950.5: it is refundable, counts toward the deposit limit, and a lease cannot call it nonrefundable. |
| Non-refundable pet fee at move-in | Not allowed | Not allowed as a non-refundable fee. A one-time pet charge at the start of the tenancy counts as security under Civil Code 1950.5, so it is refundable and counts toward the deposit limit. Monthly pet rent is a different charge. |
| Application screening fee | Limited | Allowed only up to the actual cost of screening, and never more than $30 adjusted for inflation since 1998 (about $65.86 in 2026). Charge it only when the application will be considered in order, or refund applicants who are not selected. Give an itemized receipt and a copy of the credit report (Civil Code 1950.6). |
| Security deposit | Allowed with limits | At most one month's rent since July 1, 2024 (AB 12). A small landlord, a natural person or family LLC with no more than two properties and four units, may take up to two months, except from a service member. Return it within 21 days after move-out with an itemized statement and photos (AB 2801). |
| Late fee | Allowed with limits | No dollar cap in state law, but a late fee must be a reasonable estimate of the landlord's actual losses from late payment. Courts have voided late fees that were penalties (Civil Code 1671; Orozco v. Casimiro, 2004). |
| Returned check (NSF) fee | Limited | Capped at $25 for the first returned check and $35 for each later one (Civil Code 1719). |
| Credit card or online payment fee | Allowed with limits | Allowed only as an optional charge when the tenant chooses that method. The tenant must be able to pay by check, or another method that is not cash or electronic transfer, with no fee (Civil Code 1947.3). |
| Rent reporting fee | Limited | Only if the tenant opts in to positive rent reporting: at most the landlord's actual cost or $10 a month, whichever is less (Civil Code 1954.07). |
| Monthly pet rent | Allowed | Allowed for tenants with pets if it is in the lease. From April 1, 2027, landlords must also have a written pet policy and share it with every application (SB 1296). |
| Parking fee | Allowed | Allowed if it is in the lease. Say whether it is required or optional. |
| Amenity or community fee | Allowed | Allowed if it is in the lease. If every tenant must pay it, show it next to the rent so applicants see the full monthly cost. |
| Utility charge or bill-back | Allowed | Allowed if the lease explains which utilities the tenant pays and how shared costs are split. |
| Optional storage or add-on | Allowed | Allowed. Make clear that it is optional. |
Frequently asked questions
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.
Can a landlord charge a fee for paying rent by check?
No. Landlords must allow a payment method that is neither cash nor electronic transfer, and cannot charge a fee for paying rent or the deposit by check.
Can a California landlord charge a credit card convenience fee?
Only as an optional charge when the tenant chooses to pay by card, as long as paying by check stays free.
What is the returned check fee limit in California?
$25 for the first returned check and $35 for each later one (Civil Code 1719).
Related
Not legal advice. Confirm your lease with a California attorney.