SB 611 started out as a much broader bill, and if you've read about it online, you may have come across descriptions of a sweeping advertising disclosure requirement covering every fee and utility cost a landlord charges. That version didn't survive the legislative process. What actually became law, Chapter 287 of the 2024 California Statutes, is narrower but still meaningfully changes what San Diego County landlords can charge for and how certain security deposits have to be handled, particularly in a market with as many military tenants as this one.
Key Takeaways
SB 611 prohibits landlords from charging tenants a fee for serving legally required notices, including a notice to pay rent or quit.
Landlords can no longer charge a fee for accepting rent payment by personal check.
The law adds specific security deposit protections for military service members, capping what can be charged and requiring extra deposits to be justified and refunded under certain conditions.
The broad advertising and utility fee disclosure requirements that appeared in earlier versions of the bill were removed before it was signed into law.
SB 611 works alongside AB 12 and AB 2801, the other major 2024 security deposit changes, since all three bills amend related sections of the same Civil Code provisions.
No More Fees for Serving Notices
Under the final chaptered version of SB 611, landlords are prohibited from charging a tenant a fee connected to serving a legally required notice, including a pay-or-quit notice, a lease termination notice, or a notice related to a lease violation. This provision targets a practice some tenant advocates described as landlords using notice fees as leverage, effectively threatening additional charges on top of an already stressful notice. If your current lease template or standard operating procedure includes any kind of notice-related fee, that language needs to come out.
You Can't Charge a Fee for Paying Rent by Personal Check
SB 611 also amends Civil Code Section 1947.3 to prohibit charging tenants an extra fee specifically for paying rent with a personal check. Some landlords previously used differential fees to steer tenants toward other payment methods, such as an online portal or money order, but doing so through a surcharge on check payments specifically is no longer allowed. If your current rent collection setup includes any kind of check payment surcharge, it needs to be removed from your lease and your payment processing system alike. This is also worth reviewing alongside your tenant screening and lease-signing process, since payment terms are typically set at the same point an applicant is approved and the lease is finalized. Our accounting team has already updated our own payment processing to reflect this requirement across every property we manage.
Special Security Deposit Protections for Military Tenants
One of the more specific provisions in SB 611 addresses security deposits for active-duty service members. The law limits what can be charged and requires that any deposit amount above the standard cap be justified in writing and refunded to the tenant after roughly six months of on-time rent payment, provided the tenant isn't in arrears. Since San Diego County has one of the largest concentrations of military personnel and installations in the country, from Naval Base San Diego to Marine Corps Base Camp Pendleton, this provision has real, direct relevance here in a way it might not in a market with little to no military tenant base. Landlords who don't typically think of themselves as renting to military tenants should still confirm their lease templates and deposit documentation reflect this provision, since it applies automatically whenever a qualifying tenant signs a lease, not only for owners who actively market to military renters. This dovetails with AB 12's broader one-month deposit cap, since SB 611's military-specific language was drafted to operate alongside that same statute rather than replace it.
What Didn't Make It Into the Final Law
It's worth being explicit about what changed during the legislative process, since a lot of what's written online about SB 611 still describes an earlier version of the bill. Early drafts would have required landlords to disclose all mandatory and optional fees directly in rental advertisements, including utility costs that vary based on tenant usage, and would have given tenants a right to inspect utility billing records and cost-allocation formulas. Those provisions were removed following pushback from industry groups concerned about the practicality of advertising fees that fluctuate by unit or tenant behavior. If you've seen guidance, whether from a blog, a template provider, or even another management company, describing an advertising disclosure requirement under SB 611, that reflects an earlier version of the bill rather than the law that was actually signed, and building your compliance around the wrong version can waste real time and create confusion with prospective tenants.
FAQ
Can I still charge a fee if I have to send a tenant a pay-or-quit notice?
No. SB 611 prohibits charging a fee connected to serving any legally required notice, including a notice to pay rent or quit.
Is it still legal to charge tenants extra for paying rent by check?
No. SB 611 specifically prohibits a fee tied to personal check payments, though other payment-related terms in a lease may still be permissible depending on how they're structured.
Does SB 611 require me to disclose all fees in my rental advertisements?
No. That requirement appeared in an earlier version of the bill but was removed before it was signed into law. The final version focuses on notice fees, check payment fees, and military tenant security deposit protections.
How does SB 611 interact with AB 12's security deposit cap?
SB 611's military-specific security deposit language was designed to work alongside AB 12's broader one-month deposit cap rather than override it, so both need to be considered together for a lease involving an active-duty tenant.
Making Sure Your Lease Reflects the Final Law
SB 611's actual scope is narrower than a lot of the coverage around it suggests, but the provisions that did survive, no notice fees, no check payment surcharges, and specific military tenant deposit protections, still require real changes to a lease template that predates 2025. Reviewing your current documents against the final chaptered law, rather than an earlier draft still circulating online, is worth doing now rather than after a dispute forces the issue. Take a look at our property management services if you'd like a review of your specific lease documents against California's fastest-moving landlord-tenant statute.
