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Published August 10, 2026
A working checklist for South Bay landlords built from the two California statutes that actually govern rental fees and deposits, AB 12 and SB 611, both amending Civil Code section 1950.5. Not built from AB 747, which does not address rental fees despite what other sites claim.
California does not have a single "junk fee disclosure" statute for rentals. What exists is two enacted bills, AB 12 and SB 611, both amending Civil Code section 1950.5, that cap the security deposit and ban specific fees. This checklist is built from those two statutes only, not from the "AB 747" citation you may see elsewhere, which we confirmed on leginfo does not address rental fees.
Last verified: August 10, 2026
There is no statutory phrase "junk fee" in the California landlord-tenant statutes. The phrase comes from federal and general consumer protection discourse, most notably California's SB 478 Honest Pricing Law for consumer goods and services. For rentals specifically, the operative rules are narrower and more mechanical: a capped deposit, and a short list of banned fees. Use this list to audit your listing template and lease boilerplate line by line.
1. Security deposit amount, checked against Civil Code section 1950.5(c).
Confirm which cap applies to you before you print a number.
2. Advance rent, if your lease term is six months or longer.
Section 1950.5(c)(2) lets you collect up to six months' advance rent separately from the deposit, but only for leases at that length. Do not fold advance rent into your "deposit" line without labeling it correctly, since the two are governed differently.
3. Notice service fees, banned under Civil Code sections 1946(b) and 1946.1(i).
You may not charge a tenant a fee for serving, posting, or otherwise delivering a notice. Strip this line item out of any fee schedule entirely.
4. Check payment fees, banned under Civil Code section 1947.3(b).
You may not charge a fee for a tenant paying rent or a security deposit by check. If your listing or lease mentions a "processing fee" for check payments, remove it.
5. Service member deposit disclosure, required under Civil Code section 1950.5(c)(4).
If you charge a service member tenant a deposit higher than your standard or advertised amount, you must give a written statement disclosing the higher amount and the reason for it. You must return the additional amount after no more than six months of residency if the tenant is not in arrears. Build this into your leasing workflow as a standing document, not an ad hoc explanation.
6. Deposit return timeline, under Civil Code section 1950.5(h)(1).
Within 21 calendar days after the tenant vacates, you must furnish an itemized statement showing the basis for and amount of any security withheld, and return the remainder.
7. Itemized statement documentation, under Civil Code section 1950.5(h)(2).
The statement needs copies of documents showing charges for repairs or cleaning, and photographs taken after the unit was vacated, under section 1950.5(h)(2)(D).
| Item | Rule | Citation |
|---|---|---|
| Deposit cap, standard landlord | One month's rent | Civil Code 1950.5(c)(1) |
| Deposit cap, qualifying small landlord | Two months' rent | Civil Code 1950.5(c)(5)(A) |
| Deposit cap, service member tenant | Standard cap applies, small landlord exception excluded | Civil Code 1950.5(c) |
| Advance rent, lease 6+ months | Up to six months' rent, separate from deposit | Civil Code 1950.5(c)(2) |
| Notice service fee | Prohibited | Civil Code 1946(b), 1946.1(i) |
| Check payment fee | Prohibited | Civil Code 1947.3(b) |
| Deposit return and itemization | Within 21 calendar days of move-out | Civil Code 1950.5(h)(1) |
| Itemization backup | Repair or cleaning receipts, post-move-out photos | Civil Code 1950.5(h)(2), (h)(2)(D) |
You may have read that "AB 747" requires disclosing total monthly cost, including all mandatory fees, at first advertising contact. We checked the bill directly on leginfo.legislature.ca.gov. AB 747, 2025-2026 session, is the Service of Process Accountability, Reform and Equity Act. It governs how legal notices get served in unlawful detainer cases, not rental advertising. That citation is wrong wherever you have seen it, and we are leaving the "total cost at first contact" requirement off this checklist because we could not confirm it exists under California statute as of this writing. If your own counsel points you to a different bill number for that requirement, verify it at leginfo.legislature.ca.gov before building it into your process.
Run your current listing template against the table above. Two failure patterns show up most often in South Bay listings. First, a deposit line that says "first, last, and security" without checking whether the landlord actually qualifies for the two-month small landlord exception. If you own more than two properties or more than four units, or you operate through an LLC with a non-natural-person member, your deposit ceiling is one month regardless of what your template has always said. Second, a miscellaneous fee schedule that still lists a "check processing fee" or a "notice fee" left over from before SB 611 took effect. Both are now flatly prohibited under Civil Code sections 1947.3(b) and 1946(b)/1946.1(i).
Does California require rental listings to show the total monthly cost including all fees?
We could not confirm a current statute requiring this. The "AB 747" citation used for this claim is incorrect. AB 747 is a service of process reform bill. If a newer rule exists, verify it at leginfo.legislature.ca.gov before changing your listings.
What is the maximum security deposit I can charge in California right now?
One month's rent for most landlords, two months' rent for a qualifying small landlord, under Civil Code section 1950.5(c) as amended by AB 12, effective July 1, 2024.
Can I still charge a tenant a fee for paying by check?
No. SB 611 banned this under Civil Code section 1947.3(b).
How long do I have to return a security deposit after a tenant moves out?
21 calendar days, with an itemized statement of any amount withheld, under Civil Code section 1950.5(h)(1).
Do the small landlord deposit rules apply if my tenant is in the military?
No. The two-month small landlord exception does not apply to service member tenants under Civil Code section 1950.5(c).
This is general information, not legal advice. Confirm current requirements against the statute text at leginfo.legislature.ca.gov and against your specific lease and portfolio with a licensed attorney before changing your fee schedule.
Topics: compliance, landlord law, security deposits, checklist, South Bay
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