AB 1248: Hiring of real property: fees and charges.
- Session Year: 2025-2026
- House: Assembly
Current Status:
In Progress
(2025-06-03: Ordered to inactive file at the request of Assembly Member Haney.)
Introduced
First Committee Review
First Chamber
Second Committee Review
Second Chamber
Enacted
Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property. Existing law prohibits a landlord or its agent from charging a tenant a fee for serving, posting, or otherwise delivering a notice of termination of a hiring of residential property, as specified. Existing law also prohibits a landlord or its agent from charging a tenant any fee for payment by check for rent or security deposit, as provided.
This bill would require on or after April 1, 2026, a landlord or landlords agent who advertises, displays, or offers residential property for rent to include in any advertisement, display, or offer the price, including all required fees or charges, and a description of all available optional housing services, as defined, including the associated fees for each optional housing service.
This bill would prohibit a landlord or landlords agent from using a ratio utility billing system to allocate, demand, or collect fees or charges from a tenant, except for fees or charges for water or sewer service, as provided. The bill would prohibit the landlord from charging any fee or charge other than required fees and charges, as defined, and fees or charges for optional housing services.
This bill would also require that any payment received from, or on behalf of, a tenant be applied to rent, rental debt, and any outstanding fees in a specified order, and would prohibit late fees from being charged to a tenant whose only delinquency is attributable to nonpayment or late payment of a late fee. The bill would specify that a decrease in housing services, as defined, is an increase in rent.
The bill would provide that a landlord or landlords agent who violates these provisions is liable to a tenant in a civil action for damages, including treble damages. The bill would provide that its provisions do not prevent a landlord from recovering damages otherwise permitted by law. The bill would establish a 4-year 3-year statute of limitations to bring an action under these provisions.
The bill would provide that a waiver of its provisions is contrary to public policy and void, that the bills provisions do not preempt a local government from imposing additional requirements upon a landlord or providing greater protection to tenants, and that its void and unenforceable, and the bills provisions are severable.
