A new California law signed last fall by Gov. Gavin Newsom will no longer require renters to pay certain fees starting next month.
Under Senate Bill 611, landlords or leasing agents are not allowed to charge tenants a fee for “serving, posting or otherwise delivering any notice” regarding termination of their lease starting April 1.
The bill also prohibits landlords or agents from charging tenants any fee for paying rent or security deposits by check.
In addition, the new bill prohibits landlords from receiving security payments that exceed one month’s rent except in certain circumstances, and they are required to provide written explanations for requesting larger security deposits from military service members.
For example, if a service member is charged a higher security payment than advertised due to their poor credit score or housing history, they must explain why the amount is being charged.
Landlords will also have to refund this additional amount within six months if the service member has made all of their rental payments.
SB 611 is just one of several new laws aimed at boosting tenants’ rights and ensuring transparency in the renting process.
Under Assembly Bill 2801, landlords will be required to take photos of a unit before a tenant leases and after they vacate to give proof of any damage claims deducted from their security deposit.
However, landlords are allowed to charge for instances that require extensive repair such as broken doors or structural damage caused by water leaks.
Under California Civil Code Section 1950.5(b)(2), landlords are prohibited from charging tenants for the repair of damages caused to their units from “ordinary wear and tear.”
California tenant lawyers Tobener Ravenscroft LLP describe “ordinary wear and tear” as small nail holes or chips, faded paint, scuffs on the floor, scratched enamel on bathtubs or sinks, loose cabinet pulls and leaky faucets.
However, AB 2801 amends state law to narrow what landlords can keep from the deposit to “an amount necessary” in order to make repairs to a unit.
Another law taking effect April 1 gives tenants the option to have their positive rental payment information reported to a consumer credit reporting agency.
