Updated by Ann O’Connell, Attorney UC Berkeley School of Law
Updated 8/14/2023
Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
- Question
- Answer
Question
I recently bounced a check and my landlord charged me a $30 service fee. Is that legal?
Answer
It's legal for landlords to charge tenants an extra fee if a rent check bounces—but only if you knew if advance (in the lease or rental agreement, orally, or by means of an obvious sign in the rental office where you bring your monthly rent) that the fee would be charged.
All returned check charges (like late rent fees) must be reasonable. In most states, this means that the landlord can charge whatever the bank charges for a returned check, such as $10-20, plus a little extra for the landlord's trouble. And some state rent rules set a limit on returned check fees. Landlords in California, for example, may charge $25 for the first bounced check, and $35 for each additional check. (Cal. Civ. Code § 1719 (2023).)
Keep in mind that if you regularly bounce your rent check, you might face the unpleasant surprise of a tenancy termination notice, or a demand from the landlord that you pay the rent by money order or another cash equivalent.
For more advice on rent-related issues and other topics of concern to renters, see the Nolo book Every Tenant's Legal Guide. If you're in California, see California Tenants' Rights (Nolo).
Talk to a Lawyer
Need a lawyer? Start here.
How it Works
- Briefly tell us about your case
- Provide your contact information
- Choose attorneys to contact you
