As a San Diego Eviction Law Firm, we understand the complexities of California’s landlord-tenant laws. A common question we receive involves the legality of charging a “convenience fee” for rent payments made via credit card. With new legislation taking effect and more on the horizon, it’s crucial for landlords to stay informed.
The Current Legal Landscape: SB 611 (Effective April 1, 2025)
As of August 2025, it is legal for a landlord to charge a convenience fee for rent payments made with a credit card in California. This is a key provision of Senate Bill 611. However, this law also comes with significant limitations:
- What is Prohibited: Under SB 611, landlords cannot charge fees for serving or delivering notices (such as eviction or late rent notices) or for rent payments made by check.
- The Crucial Requirement: While credit card fees are permissible, California Civil Code mandates that landlords must provide at least one alternative payment method that is fee-free and is not cash or an electronic funds transfer. This means you must offer an option like a check or money order without an additional charge.
What’s on the Horizon: Proposed Bills SB 681 & SB 381
The current law may soon change. There are two proposed bills that could significantly alter how landlords can charge for rent payments. Neither of these bills is law yet, but they could take effect as early as January 2026.
- SB 681: This bill has passed the California Senate and is currently in Assembly review. If passed, it could ban or heavily restrict various landlord fees, including convenience fees. Landlords might be required to bundle such costs into the rent itself.
- SB 381 (The “Fair Rental Act of 2025”): This proposed legislation would explicitly prohibit processing or convenience fees, including credit card surcharges, for rent and other payments.
Summary Table: Navigating the Change
| Timeframe | Law Status | Convenience Fee Allowed? | Fee-Free Option Required? |
| Currently (as of Aug 2025) | SB 611 in effect | Yes, for credit card payments | Yes, must offer a non-electronic, fee-free option |
| If SB 681 passes | Would restrict/bundle such fees | Potentially banned or restricted | N/A |
| If SB 381 passes | Would explicitly ban them | No, would be prohibited | N/A |
The Bottom Line for Landlords
Right now, it is legal to charge a credit card convenience fee for rent in California, as long as you provide at least one fee-free alternative payment method. However, the legal landscape is fluid. The passage of either SB 681 or SB 381 could make these fees illegal or require them to be rolled into the advertised rent.
Staying up-to-date on these changes is essential to maintaining compliance and avoiding legal issues.
