Can a landlord charge a nonrefundable move-in, admin or cleaning fee?
It depends on the state, and several popular rental states say no. California treats any move-in charge as a refundable deposit, Massachusetts and New York limit move-in money to a short list, and Oregon bars fees for expected landlord costs. Washington allows a nonrefundable fee only when the written lease clearly calls it nonrefundable.
Five states side by side
| State | Nonrefundable move-in fee? | What the statute allows at the start | Statute |
|---|---|---|---|
| California | No | First month's rent plus "security" of up to one month's rent (two months for a person or all-person LLC owning no more than two properties with four or fewer units, unless the tenant is a service member). Any fee for processing a new tenant or any advance rent counts as security and is refundable. | Civil Code 1950.5 |
| Massachusetts | No | Only first month's rent, last month's rent at the same rate, a security deposit up to one month's rent, and the cost of buying and installing a lock and key. | c. 186, section 15B |
| New York | No | No payment, fee or charge before or at the start of the tenancy except a background and credit check fee of actual cost or $20, whichever is less. Any deposit or advance is capped at one month's rent. | RPL 238-a, GOL 7-108 |
| Oregon | No | No fee at the start of the tenancy for an anticipated landlord expense. Only listed per-occurrence fees, each described in the written rental agreement. | ORS 90.302 |
| Washington | Yes, with conditions | A nonrefundable fee is allowed if the rental agreement is written and clearly says the fee is nonrefundable. It may not be called a deposit. | RCW 59.18.285 |
These five states are examples. Many other states say nothing specific about move-in fees, and cities can add rules. Check the law for your property.
A new name does not change the answer
Statutes in these states look at what a charge is for, not what it is called. California's definition of security covers "any payment, fee, deposit, or charge" imposed at the start of the tenancy to reimburse the landlord for processing a new tenant or as advance rent, and its law says no lease may call any security "nonrefundable". New York's rule reaches "any other payment, fee or charge" at the start of the tenancy. Charges that tend to fall under these rules include:
- Administrative, processing or "move-in" fees.
- Cleaning, carpet or redecorating fees collected up front.
- Key, fob or "community" fees beyond the actual lock cost (Massachusetts allows only the lock and key cost).
Fees that come later, for something that actually happens, are a different question. Oregon, for example, lists per-occurrence fees for a late payment, a dishonored check, tampering with a smoke alarm, and repeated breaks of written rules after a warning.
The same apartment in three states
Example a made-up owner of a 30-unit building rents a $1,800 apartment and wants a $250 cleaning fee. In California the most the owner may collect before move-in is $1,800 rent plus $1,800 of security, and the $250 must sit inside that security and be refundable. In Massachusetts the most is $1,800 first month + $1,800 last month + $1,800 deposit + the lock cost, say $85, for $5,485, and the cleaning fee is not on the list. In New York the most is $1,800 rent + a deposit of up to $1,800 + up to $20 for a background and credit check, for $3,620, and no cleaning fee.
In Washington the same owner could charge the $250, provided the written lease clearly says it is nonrefundable, and the tenant could ask to spread it over installments with the deposit. In Oregon, a cleaning fee for an expected turnover cost is the kind of charge the statute bars at the start of a tenancy; cleaning at move-out is handled through the deposit instead.
Common mistakes
- Copying a lease from another state. A Washington-style nonrefundable fee clause is unenforceable in California and can count toward your deposit cap there.
- Charging the fee to the tenant through a leasing agent. Since August 1, 2025, Massachusetts applies its list to amounts paid to the landlord's agent too.
- Forgetting the label. In Washington, a fee not called nonrefundable in the written lease is treated as a refundable deposit, with all the deposit rules.
- Treating the fee as income on day one. Where it is legally a deposit, it is money you hold for the tenant, not revenue.
If you have been collecting a fee your state does not allow, talk to your attorney about fixing the lease and handling past charges before your next move-out.
How DoorKeeping records it
DoorKeeping keeps deposits held separate from income in each property's books, so a charge that is legally a deposit shows as money you owe back, and a lawful nonrefundable fee shows as income. Leases are e-signed from your own terms, and every move-in charge appears as its own line in the unit's ledger. Tenants pay DoorKeeping nothing, and owners pay $2 per unit per month with no other fees. It gives no legal advice.
Sources
- California Civil Code section 1950.5 (security, cap, nonrefundable ban), read Oct 30, 2026
- Massachusetts General Laws c. 186, section 15B, read Oct 30, 2026
- New York Real Property Law section 238-a (limitation on fees), read Oct 30, 2026
- New York General Obligations Law section 7-108 (deposits), read Oct 30, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.302), read Oct 30, 2026
- RCW 59.18.285, Nonrefundable fees, read Oct 30, 2026
Questions
- Is a nonrefundable cleaning fee legal in California?
- No. Civil Code 1950.5 treats move-in charges for cleaning or processing as security, which must be refundable and counts toward the deposit cap.
- Can a New York landlord charge a move-in fee?
- No. Real Property Law 238-a bars any fee before or at the start of the tenancy except a background and credit check fee of no more than actual cost or $20.
- Can Washington landlords charge nonrefundable fees?
- Yes, if the written lease clearly says the fee is nonrefundable. Otherwise the fee is treated as a refundable deposit.