Can a California landlord charge a fee for serving a notice?
For residential rentals in California, under the Civil Code as amended by AB 12, SB 611, AB 2493 and AB 2801.
Last reviewed November 1, 2026 against California Civil Code 1950.5 and 1950.6 and the sources below · How we check facts
No
California law does not allow this charge.
What the law says
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).
What it covers
SB 611 added the ban to the notice rules for terminating tenancies and to the 3-day notice rules for unlawful detainer. Court costs and attorney's fees that a court awards are a separate matter.
What to do instead
Remove it from leases, move-in checklists and billing. If you need to cover the cost, build it into the rent or take it as part of a refundable deposit within the limit.
For renters
If a California landlord charges a fee for serving a notice, ask in writing for it to be removed or refunded, and keep a copy. Disputes up to the small claims limit can go to small claims court. California renter guide.
Check any other charge: California fee checker.
Other California fees
Amenity fee · Application screening fee · Credit card or online payment fee · Fee for paying by check · Late fee · Non-refundable move-in or admin fee · Non-refundable pet fee · Parking fee · Pet rent · Rent reporting fee · Returned check fee · Security deposit · Storage fee · Utility charge
Frequently asked questions
Can a California landlord charge a fee for serving a notice?
No. 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).
What if I already paid a fee for serving a notice?
Ask the landlord in writing for a refund and keep a copy. If the charge was taken at move-in, it is part of your security deposit and must come back with the rest of the deposit, less lawful deductions.
Related
Not legal advice. Confirm your lease with a California attorney.