California: fees charged at move-in count toward the deposit limit and must be refundable · Check a fee

Can a California landlord charge a returned check fee?

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

Only within limits

Allowed only within the limits below.

What the law says

Capped at $25 for the first returned check and $35 for each later one (Civil Code 1719).

How to write it in the lease

Example wording:

Returned payment: $25 for the first returned check and $35 for each later one.

For renters

If a charge goes beyond these limits, ask the landlord in writing to correct it and keep a copy. California renter guide.

Check any other charge: California fee checker.

Other California fees

Frequently asked questions

Can a California landlord charge a returned check fee?

Only within limits. Capped at $25 for the first returned check and $35 for each later one (Civil Code 1719).

Does a returned check fee have to be in the California lease?

Yes. Put every charge a tenant may pay in the written lease, with the amount and whether it is required or optional.

Related

Sources: California Civil Code 1950.5 (security deposits) · California Civil Code 1950.6 (application screening fees) · California Civil Code 1719 (returned checks)
Not legal advice. Confirm your lease with a California attorney.