Illegal Fees and Charges: What Your Landlord Cannot Bill You For

Many landlords charge fees that California law does not permit — late fees that exceed the actual damages, administrative fees for paying by check, fees for requesting repairs, or charges for services that were included in the original rental agreement. These illegal charges are recoverable.

Common Illegal Charges

California limits late fees to an amount that reasonably estimates the landlord’s actual damages from the late payment — typically $25–$50. Late fees of $100–$200 on small rents are often unenforceable. Application fees must be limited to the actual cost of the credit and background check. ‘Lease renewal fees’ are generally illegal. Fees for pest control, landscaping, or maintenance that were included in the rent agreement cannot be added unilaterally.

Illegal fees paid over a tenancy add up quickly. A tenant who has paid a $150 late fee every time rent was even one day late, over a three-year tenancy, has paid thousands of dollars in potentially unenforceable charges. The four-year statute of limitations on contract claims means prior overpayments are recoverable. A demand letter and small claims filing often produce quick refunds.

The California Tenant Defense System gives renters the exact tools, templates, and step-by-step guidance to fight illegal evictions, recover wrongfully withheld security deposits, and enforce habitability rights — without paying an attorney to get started. Request your free evaluation here.