Official Summary Text
AB 1248, as amended, Haney.
Hiring of real property: fees and charges.
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, for new residential tenancies beginning on or after January 1, 2026, that a tenant only be obligated to pay rent and prescribed fees or charges, including, among other things, a security deposit and rent stabilization fees charged to a landlord and passed on to the tenant,
as specified.
The bill would require, for residential tenancies that began before January 1, 2026, that a tenant only be obligated to pay rent, the fees and charges described above, any fees or charges that were charged at the start of the tenancy, except as specified, and fees or charges for specified utilities, including the use of a ratio utility billing system, as defined, that meets specified criteria.
The bill would require, for residential tenancies that began before, or beginning on or after, January 1, 2026, if a tenant is given a discount on rent or fees or charges in exchange for signing a rental agreement, that the rental agreement clearly state specified information about the amount and timing of the discount. The bill would provide that its provisions do not prevent a tenant from being charged for individually metered utilities if the rental agreement meets prescribed requirements. The
This bill would require on or after April 1, 2026, a landlord or landlord’s 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 landlord’s 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 landlord’s 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 bill’s 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 bill’s
provisions are severable.