Can my landlord charge me non-refundable move-in fees?
Some states allow non-refundable move-in fees; others treat all upfront charges as part of the security deposit (which is refundable). If your state limits deposits, non-refundable "move-in fees" may be an illegal way around the cap.
Move-in fees are one of the sneakiest charges in renting. They go by many names: "move-in fee," "cleaning fee," "administrative fee," "key deposit" (that magically becomes non-refundable). The question is whether your state treats them as part of the security deposit.
In states like California and New York, virtually all upfront charges are considered security deposits subject to the deposit cap. A landlord can't call something a "non-refundable move-in fee" to get around the deposit limit. In other states like Texas and Florida, non-refundable fees are generally allowed as long as they're clearly labeled as non-refundable in the lease.
Before paying, always ask: "Is this refundable?" Get the answer in writing. If it's non-refundable, check whether your state even allows non-refundable charges. If the total of all upfront charges exceeds your state's deposit cap, the landlord may be violating the law.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 1950.5, California courts treat most non-refundable move-in fees as security deposits subject to the 1-month cap.
Texas allows non-refundable move-in fees under Tex. Prop. Code § 92.102 as long as they're clearly labeled as non-refundable in the lease.
New York's 2019 Housing Stability Act (N.Y. Gen. Oblig. Law § 7-108) restricts non-refundable move-in fees and caps deposits at one month's rent.
Florida allows non-refundable move-in fees with no statutory cap under Fla. Stat. § 83.49, if the lease clearly identifies them as non-refundable.
Under Chicago RLTO § 5-12-080, all move-in fees must be itemized in the lease. Non-refundable fees must be clearly labeled.
| State | Rule | Statute |
|---|---|---|
| California | California treats essentially all upfront move-in charges as part of the security deposit. Non-refundable fees are heavily restricted — courts often reclassify them as deposits subject to the statutory cap. | Cal. Civ. Code § 1950.5 |
| Texas | Texas allows non-refundable move-in fees if clearly labeled as such in the lease. These fees are separate from the security deposit, which has no statutory cap. | Tex. Prop. Code § 92.102 |
| New York | New York banned most upfront fees under the 2019 Housing Stability Act. Security deposits are capped at one month's rent, and non-refundable fees are restricted to clearly defined charges. | N.Y. Gen. Oblig. Law § 7-108 |
| Florida | Florida allows non-refundable move-in fees if clearly stated in the lease as non-refundable. There's no cap on these fees. | Fla. Stat. § 83.49 |
| Illinois | Illinois allows non-refundable fees if disclosed. Chicago RLTO requires all fees to be itemized in the lease and held appropriately. | 765 ILCS 710/1; Chicago RLTO § 5-12-080 |
●Frequently Asked Questions
Frequently Asked Questions
Can my landlord charge me non-refundable move-in fees?
Some states allow non-refundable move-in fees; others treat all upfront charges as part of the security deposit (which is refundable). If your state limits deposits, non-refundable "move-in fees" may be an illegal way around the cap.
Can my landlord charge me for carpet replacement?
Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.
Can my landlord charge me for painting after I move out?
Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.
Can my landlord keep my deposit for cleaning?
Your landlord can deduct cleaning costs only if you left the unit dirtier than when you moved in, beyond normal wear. They cannot charge for routine turnover cleaning that happens between every tenant.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.