As an Orange County Eviction Law Firm, we know firsthand how complex California’s landlord-tenant laws can be. One of the most frequent questions we hear from local landlords is whether it’s legal to charge a “convenience fee” for rent payments made with a credit card. With new legislation already in effect—and more on the horizon—it’s essential for Orange County landlords to stay informed.
The Current Legal Landscape: SB 611 (Effective April 1, 2025)
As of August 2025, California landlords may legally charge a convenience fee for rent payments made with a credit card. This update comes from Senate Bill 611, but the law also imposes clear restrictions that every Orange County landlord should understand:
- What’s Prohibited: Under SB 611, landlords cannot charge fees for serving or delivering notices (such as eviction notices or late rent demands), nor for rent payments made by check.
- The Key Requirement: If you allow credit card payments with a fee, you must also provide at least one fee-free alternative payment method. Importantly, that option cannot be cash or an electronic funds transfer. A common solution is to accept checks or money orders without additional charges.
What’s Ahead: Proposed Bills SB 681 & SB 381
While SB 611 currently allows some flexibility, upcoming legislation could significantly reshape the rules:
- SB 681: This bill has already passed the California Senate and is under review in the Assembly. If signed into law, it could either ban convenience fees outright or require landlords to bundle them into the stated rent price.
- SB 381 (The “Fair Rental Act of 2025”): This proposal goes even further, aiming to explicitly ban processing and convenience fees—including credit card surcharges—for rent and related payments.
Both bills could take effect as early as January 2026, which means Orange County landlords should be preparing now.
Quick Reference Guide for Landlords
| Timeframe | Law Status | Convenience Fee Allowed? | Fee-Free Option Required? |
|---|---|---|---|
| Currently (Aug 2025) | SB 611 in effect | Yes, for credit card payments | Yes, must offer a non-electronic, fee-free option |
| If SB 681 passes | Assembly review | Potentially banned or bundled into rent | N/A |
| If SB 381 passes | Proposed legislation | No, explicitly prohibited | N/A |
The Bottom Line for Orange County Landlords
Right now, you may charge a credit card convenience fee for rent payments, provided you also offer a fee-free alternative. However, both SB 681 and SB 381 could change the landscape entirely by early 2026.
For Orange County landlords, staying current on these updates is critical. Failing to comply could expose you to legal challenges, penalties, or complications in eviction proceedings.
At our firm, we monitor these developments closely and help landlords adapt their practices to remain compliant while protecting their investments.
