Amended Calif. Civil Code §1946, §1946.1, §1947.3, §1950.5 and Calif. Code of Civil Procedure §1161

Effective date: January 1, 2025

Bill text: SB 611

Why this matters: Landlords may no longer charge fees for posting or serving eviction notices or notices to vacate to residential tenants or for accepting rent or security deposit payments by check. Security deposits charged a military service member renting as a residential tenant, when higher than the security deposit charged others, require specific steps.

Newly prohibited service fees charged tenants 

Landlords serve a Three-Day Notice to either Pay Rent or to Quit on a tenant when the tenant defaults in the payment of rent. [See RPI Form 575]

Now, a residential landlord may no longer charge their tenant a fee in connection with the serving, posting or delivering of notices of delinquency or any related notices to evict the tenant. Also, the landlord may not charge the tenant a fee for serving a notice to vacate on either a month-to-month or fixed-term tenancy. [Calif. Civil Code §§1946(b), 1946.1(i); Calif. Code of Civil Procedure §1161(6)]

Also, a residential landlord may no longer charge their tenant a fee for paying rent or a security deposit using a check. [CC §1947.3(b)]

As exists, a landlord may not charge a security deposit of more than one month’s rent.

However, as of April 1, 2025, a residential landlord entering into a rental or lease agreement with a tenant who is a military service member, who charges a security deposit exceeding one month’s rent, must:

  • hand the tenant a written statement on or before entering into the rental or lease agreement, setting out the amount of the higher security deposit and the landlord’s explanation why they are charging the higher security deposit amount; and
  • refund the excess amount of security deposit to the service member tenant within six months after the service member takes possession, unless the tenant is delinquent in the payment of rent. [CC §1950.5(4)]

Related article:

Form-of-the-Week: Three-Day Notice to Pay Rent or Quit Variations — Forms 575, 575-1, 575-2 and 575-3