{"id":35357,"date":"2025-07-03T13:11:07","date_gmt":"2025-07-03T13:11:07","guid":{"rendered":"https:\/\/www.europesays.com\/us\/35357\/"},"modified":"2025-07-03T13:11:07","modified_gmt":"2025-07-03T13:11:07","slug":"your-landlord-can-charge-what-san-diego-union-tribune","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/35357\/","title":{"rendered":"Your landlord can charge what? \u2013 San Diego Union-Tribune"},"content":{"rendered":"

Nearly half of all San Diego County residents<\/a> are renters, and it can be tricky to navigate the latest laws.<\/p>\n

Questions about pet rent, trash fees and renter\u2019s insurance just scratch the surface of what is a way of life for about 48% of renter households in San Diego County. A Redfin study<\/a> found San Diego County had the fourth-highest percentage of renters in the nation, behind only behind San Jose metro (52%), the Los Angeles and Orange County metro area (51%) and New York (49%).<\/p>\n

Attorney Gilberto Vera, deputy director of the Legal Aid Society, said extra fees, some illegal, are showing up more and more by landlords trying to side-step rent control. Starting in 2020, California landlords \u2014 with some caveats \u2014 are prevented from raising rents more than 10% a year.<\/p>\n

Landlords also need protection from nightmare tenants, but tenants fighting bad landlords also often need additional help navigating rental law.<\/p>\n

The San Diego Union-Tribune looked at some of the biggest questions we have received lately from readers. These questions and answers apply to rentals with a term of longer than 30 days. Short-term rentals are governed by different rules.<\/p>\n

Can my landlord charge me for trash?\u00a0<\/strong><\/p>\n

Yes, and it\u2019s probably the biggest question we\u2019re getting from readers after the city of San Diego voted to charge residents for trash collection<\/a> after providing the service for free for decades. All types of rentals can charge \u2014 and some had previously charged \u2014 for trash pickup.<\/p>\n

Lucinda Lilley, an apartment specialist who consults for several property management firms in San Diego County, said landlords of single-family homes (not subject to statewide rent control) are likely to pass the monthly fee onto renters fairly quickly. She said it\u2019s virtually impossible to come up with an estimate of how many landlords are not passing the cost on, noting she has spoken with many\u00a0who didn\u2019t know about the change.<\/p>\n

It gets tricky with other apartment buildings. Lilley said larger apartment towers and complexes almost certainly have an existing contract for trash pickup of big Dumpsters. Some of those have an allocated trash fee\u00a0based on square footage.<\/p>\n

She said smaller complexes \u2014 four or five units \u2014 might find themselves in a trickier situation if they decide to start charging for trash. Those complexes could be subject to AB 1482, the state law that limits rent increases, and may face a legal argument that charging for trash could add to the gross monthly rent. Lilley said it might take some creative math to figure out what to charge, such as limiting a planned rent increase while including garbage fees.<\/p>\n

What kind of services can a landlord charge for?\u00a0<\/strong><\/p>\n

Landlords can charge for amenities and services, including landscaping, maintenance and security, said Marc Whitham, a tenant rights lawyer with Tenant Defenders<\/a>, a San Diego law firm. Especially in amenity rich, corporately managed rental housing, tenants could be charged for things they don\u2019t use, such as conference room access.<\/p>\n

Before they move in, tenants should carefully read disclosures so they understand what they\u2019re signing up for, he said.<\/p>\n

One utility charge that is not allowed: forcing a tenant to pay for a neighbor\u2019s gas and electricity \u2014 a problem Whitham sees often.<\/p>\n

Landlords are only allowed to charge tenants for gas and electricity in units they are actually renting, Whitham said. This comes up in situations where a landlord has added an unpermitted rental dwelling, such as a garage, duplex or backyard structure, but the \u201cproperty owner did not get it separately metered.\u201d <\/p>\n

Are pet fees legal?\u00a0<\/strong><\/p>\n

Yes, but it could get tricky. Landlords can charge something called \u201cpet rent,\u201d but a pet deposit gets into questionable legal territory<\/a> and might be something to avoid if you are a landlord.<\/p>\n

Pet rent is legal, but if you get charged a pet security deposit on top of that, Vera argues that could be considered illegal. Vera said each is supposed to compensate for the wear and tear of a pet so the landlord must pick one or the other.<\/p>\n

The Union-Tribune previously wrote about a case<\/a> where a landlord claimed a pet deposit was nonrefundable. That\u2019s illegal because California law says any fee charged by a landlord with the purpose to protect a landlord against damage to a property, such as a pet deposit, should be treated legally as a refundable security deposit.<\/p>\n

In general, housing experts recommend landlords use pet rent instead of a pet deposit.<\/p>\n

Can a landlord require renter insurance?\u00a0<\/strong><\/p>\n

Yes, and it has become more common in the past decade.<\/p>\n

Renter\u2019s insurance is not required by state law, but a landlord can require you have a policy \u2014 and specify the details of that policy \u2014 as a requirement of the lease you sign.<\/p>\n

Vera said renter\u2019s insurance is a good thing because it protects a tenant if, for example, a pipe breaks but it is not the result of a landlord\u2019s negligence. In that case, getting money from a landlord for damaged items would be difficult and could be avoided with personal rental insurance.<\/p>\n

Not all landlords require renter\u2019s insurance, Lilley said, but it\u2019s hard to pin down a percentage of how many do.<\/p>\n

Vera said the requirement is less clear when it comes to renters who got insurance but canceled after signing a lease. he said evicting someone for not having insurance is not a legal slam dunk, with at least one court decision saying not keeping renter\u2019s insurance, which violated a lease agreement, was not enough of a reason to evict.<\/p>\n

In California, the average monthly renter insurance premium is $15, according to Bankrate.<\/p>\n

Can I be charged for a parking spot?\u00a0<\/strong><\/p>\n

Yes, and it is encouraged by city and county planners. The idea from officials is that parking cost should be \u201cde-coupled\u201d from rental amounts so people who don\u2019t want to have a car don\u2019t have to pay for it<\/a>.<\/p>\n

Vera added that California tenants are not legally entitled to a parking spot, so charging for it is common.<\/p>\n

It\u2019s a good idea to check the availability and enforcement of a residence\u2019s parking rules, even with paid and assigned spots, Whitham said. If another tenant or guest parks in your assigned spot and you park in another space, who would pay if you get towed? A tenant could try complaining to the property manager, who could say it\u2019s between the tenant and the tow company. \u201cThat could be a real headache,\u201d he said.<\/p>\n

Are application fees capped?<\/strong><\/p>\n

Yes. Under California law, people applying for a rental can\u2019t be charged more than around $65, a cap that is tied to inflation. Fees cannot be greater than the out-of-pocket costs to screen an applicant, which can include paying for a third-party credit check, an eviction report and the time to process the application and check references.<\/p>\n

Applicants can offer to provide their own credit report, but landlords aren\u2019t required to accept them.<\/p>\n

How many months\u2019 rent security deposit can a landlord require?<\/strong><\/p>\n

In most cases, one month\u2019s rent is the maximum. An exception is made for some small landlords who \u201cown no more than two residential rental properties that collectively include no more than four total units for rent,\u201d the state\u2019s office of the Attorney General says<\/a>. These landlords can charge two months\u2019 rent.<\/p>\n

What are some illegal fees renters are seeing? <\/strong><\/p>\n

Some renters are being charged a nonrefundable \u201cprocessing fee,\u201d in addition to first month\u2019s rent, security deposit and application costs. Vera said the processing fee is illegal because state law considers any fees renters pay, outside of an application fee,\u00a0are considered refundable.<\/p>\n

Also, a processing fee on top of a security deposit could violate a state law that went into effect last summer.<\/a> The law says, in most cases, a security deposit cannot exceed one month\u2019s rent but a processing fee could push that amount over that amount. Keep in mind that a small processing fee when you pay your monthly rent electronically is legal.<\/p>\n

Lastly, beware of a monthly pest control fee. That is illegal, Vera said, because paying for pest control is a landlord\u2019s\u00a0responsibility as part of their legal obligation to make the place habitable.<\/p>\n

Can a landlord require you not to smoke?<\/strong><\/p>\n

It is legal to smoke tobacco and marijuana in California, so it might be a surprise to some tenants that their landlord \u00a0can restrict smoking \u2014 but not all do.<\/p>\n

The legal justification is mainly based on not exposing neighbors to secondhand smoke. The ban can extend to common areas or anywhere on the property. That also includes marijuana, even if the renter has a prescription. A guide posted online for tenants by San Diego County recommends smoking bans for another reason: preventing accidental fires, which could raise insurance premiums.<\/p>\n

Can a landlord change terms with no notice?<\/strong><\/p>\n

Whitham, with Tenant Defenders, said landlords have to give notice when they change the terms and conditions of a lease. Announcing a change in a text message, email, voice message or in conversation does not cut it, he said.<\/p>\n

AB 1482 sets rules around notice for rent increases. To raise rent 10% or less, a landlord has to give a tenant at least 30 days\u2019 notice. <\/p>\n

Landlords can make changes to fees, like trash or parking, with adequate notice and if they don\u2019t amount to an illegal rent increase.<\/p>\n

\u201cThese fees may be assessed with the appropriate written notice upon month-to-month tenants, assuming they would not push a rent increase beyond what is permitted under Civil Code \u00a71947.12.\u00a0 Changes like a fee for trash service,or parking would also require a minimum 30-day written notice,\u201d Whitham said.<\/p>\n

What can renters do if they think their landlord is breaking the law?\u00a0<\/strong><\/p>\n

If a tenant suspects the landlord is asking for an unlawful fee or otherwise breaking the law, Whitham said it\u2019s important to quickly get legal advice and decide a course of action. The longer the tenant pays a new fee or adheres to a change before objecting, the easier it is for a landlord to argue, \u201cyou accepted this change,\u201d he said.<\/p>\n

Experts also recommend taking plenty of pictures of the new apartment when moving in just in case a landlord attempts to charge for damage that is already there. The Redfin blog<\/a> published a new guide in early June that advises creating a move-in checklist, that can list any damage, and having both landlord and tenant review.<\/p>\n

Also, the Legal Aid Society has assistance for low-income and vulnerable individuals and families. Even affluent renters will find plenty of useful tools on the society\u2019s website about rental law: https:\/\/www.lassd.org\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Nearly half of all San Diego County residents are renters, and it can be tricky to navigate the…\n","protected":false},"author":3,"featured_media":35358,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5134],"tags":[5229,64,1582,276,1370,4329,3549,7264,7289,67,586,132,5230,68,2969],"class_list":{"0":"post-35357","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-san-diego","8":"tag-america","9":"tag-business","10":"tag-ca","11":"tag-california","12":"tag-latest-headlines","13":"tag-real-estate","14":"tag-san-diego","15":"tag-sandiego","16":"tag-top-stories-sdut","17":"tag-united-states","18":"tag-united-states-of-america","19":"tag-unitedstates","20":"tag-unitedstatesofamerica","21":"tag-us","22":"tag-usa"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/114789475245392057","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/35357","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=35357"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/35357\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/35358"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=35357"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=35357"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=35357"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}