A landlord can charge any fee that is disclosed in the lease, reasonably tied to an actual cost or loss, and not prohibited by state, local, or federal law. In practice, the fees a landlord can charge fall into a predictable set: application and screening, security deposit, pet charges, late and returned-payment fees, utilities and convenience charges, parking and amenity fees, and penalties for breaking the lease early. Everything else — undisclosed add-ons, charges that duplicate the landlord’s own maintenance obligations, fees targeted at protected groups, or penalties that look punitive rather than compensatory — is on shakier legal ground, and often outright illegal.
The specifics depend heavily on where you live. Caps, timelines, and outright bans vary by state and sometimes by city. The categories below describe how each fee typically works and where the legal limits usually sit.
Fees Charged Before You Move In
Application fees are standard. They cover the landlord’s cost of running a background check, pulling credit, and verifying your employment or rental history. A growing number of jurisdictions cap these at somewhere between $10 and $50, or tie them to the landlord’s actual screening costs. A few states ban application fees entirely. Where no cap exists, the landlord has more discretion, but the amount still has to be disclosed up front.
Screening fees sometimes get charged on top of the application fee. If both appear, check that you aren’t paying twice for the same background check.
Some landlords add a non-refundable move-in fee for painting, cleaning, or minor repairs before you take possession. Unlike a security deposit, you won’t get it back. Not every jurisdiction permits move-in fees, and where they’re allowed, the amount and purpose need to be in the lease.
A holding deposit is different again. It takes a unit off the market while paperwork is finalized and is typically applied toward your first month’s rent or security deposit once you sign. If you back out after being approved, the landlord usually keeps it. If you’re denied, it should be returned. Get the terms in writing before paying, because refund rules depend on both local law and what the agreement says.
Security Deposits
The security deposit is usually the largest upfront charge. It protects the landlord against unpaid rent and damage beyond normal wear and tear. Most states cap it at one to two months’ rent. A handful set no statutory limit.
What matters more than the ceiling is what happens when you leave. In most states, landlords must return the deposit within 14 to 60 days after you vacate and provide an itemized list of any deductions. Deductions for actual damage, unpaid rent, or cleaning beyond normal wear are generally allowed. Deductions for routine maintenance, ordinary carpet wear, or repainting walls that simply aged out are not.
If a landlord fails to return the deposit or send a timely itemized statement, many states impose penalties, sometimes letting the tenant recover double or triple the amount wrongfully withheld.
Late Fees and Returned Payments
Late fees apply when rent isn’t paid by the due date, usually after a grace period of three to five days. They’re structured either as a flat dollar amount or as a percentage of monthly rent. Flat fees commonly land in the $25 to $75 range. Percentage-based fees run from about 5% to 10% in most jurisdictions that set caps, with a few states allowing up to 20%. The fee has to be in the lease, and courts routinely strike down late fees that look more like punishment than a reasonable estimate of the landlord’s cost.
If a payment bounces, landlords can charge a returned-payment or NSF fee, typically $25 to $50, with many states setting specific statutory caps. Some landlords switch tenants to electronic-only payments after a bounced check, which is usually legal if the lease allows it.
Pet Fees — and the Big Exception
Pet charges come in three forms, sometimes layered: a one-time non-refundable pet fee, a refundable pet deposit set aside for animal damage, and monthly pet rent. One-time pet fees of $200 to $500 and monthly pet rent of $25 to $75 are common. All of this is legal when disclosed in the lease.
Assistance animals are different. Under the Fair Housing Act, landlords must provide reasonable accommodations for people with disabilities, and that includes waiving pet-related charges for service animals and emotional support animals. A housing provider cannot charge a pet deposit, pet fee, pet rent, or any surcharge for an assistance animal.1U.S. Department of Housing and Urban Development. Assistance Animals The landlord can still hold you responsible for actual damage the animal causes, through the standard security deposit, but they cannot single out assistance animals for extra charges.
If your need for the animal isn’t obvious, the landlord may request reliable supporting documentation, but they cannot demand specific medical records and cannot charge a fee for processing the accommodation request itself.1U.S. Department of Housing and Urban Development. Assistance Animals Breed and weight restrictions that apply to pets also don’t apply to assistance animals.
Utilities, Convenience, Parking, and Amenity Fees
Landlords can bill tenants directly for utilities like water, trash, or common-area electricity, as long as the arrangement is in the lease and complies with local rules. In sub-metered buildings, you may see a utility administration fee on top of consumption charges. Some jurisdictions restrict landlords from marking up utility costs or reselling electricity, so check local rules if a bill looks inflated.
Convenience fees for paying rent through an online portal are increasingly common. Whether they’re allowed depends on state and local law. If you’re being charged one, ask whether a fee-free option like mailing a check is available. The fee should be disclosed in the lease or a written addendum.
Parking fees are standard where spaces are limited or assigned, ranging from modest monthly amounts in suburban properties to several hundred dollars in dense urban markets. Amenity fees for pools, gyms, or community rooms may be bundled into rent or listed separately, but either way they belong in the lease. An amenity charge you weren’t told about before signing is generally challengeable.
A rekeying fee may apply if you ask for new locks after moving in. Some jurisdictions require rekeying between tenants at no charge to the incoming renter but allow fees for mid-lease requests. Lease renewal fees also exist in some markets, though several jurisdictions restrict or ban them.
Breaking the Lease and Moving Out
Ending a lease early almost always triggers a penalty. Early termination fees act as pre-agreed compensation for the landlord’s lost rental income, often set at one or two months’ rent. The amount needs to be in the lease. Courts in most states treat vague or missing early-termination language as the landlord’s problem, not the tenant’s.
Even after you pay a termination fee, the landlord in most states has a duty to make reasonable efforts to re-rent the unit. Once a replacement tenant moves in, your financial obligation generally stops. Some leases offer a choice between a flat termination fee and continuing to pay rent until the unit is re-rented.
Re-renting fees cover advertising and leasing costs after you leave early. They’re separate from the termination fee and should reflect actual expenses rather than a round punitive number.
At move-out, cleaning charges are among the most disputed deductions. A landlord can charge for cleaning only if the unit needs work beyond what normal living produces. Scuffed baseboards, small nail holes, and lightly worn carpet are normal wear and tear, which the landlord absorbs. A grease-caked stove, mold-covered bathroom, or pet-stained flooring crosses the line, and the landlord can deduct cleaning costs from the deposit or bill you directly.
Fees a Landlord Cannot Legally Charge
Some charges are prohibited outright. Others start out legal and become unenforceable when they cross certain lines.
- Discriminatory fees. The Fair Housing Act prohibits landlords from imposing different fees or terms based on race, color, religion, sex, national origin, familial status, or disability. Charging families with children a higher deposit, or adding surcharges tied to national origin, violates federal law regardless of what the lease says.2Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing3eCFR. 24 CFR Part 100 – Discriminatory Conduct Under the Fair Housing Act
- Excessive or punitive fees. Even legal fee categories, like late fees, become unenforceable when disproportionate to the landlord’s actual cost. A $200 late fee on $1,000 rent will face serious judicial skepticism. Courts generally require fees to be a reasonable estimate of damages, not a profit center.
- Routine maintenance charges. Landlords cannot pass the cost of maintaining their own property to tenants. Fixing a leaky roof, replacing a failing appliance, or repairing aging plumbing is the landlord’s responsibility. The exception is damage caused by tenant negligence or misuse.
- Undisclosed fees. A charge that isn’t in the lease is hard to enforce. Most states require all fees to be specified in the written agreement, and a landlord generally cannot introduce a new fee mid-lease without your consent.
- Pet charges on assistance animals, as covered above.
Where the Rules Are Tightening
Fee regulation has been moving in the tenant’s direction. Since 2019, a growing number of states and cities have capped specific fees, mandated clearer disclosure, and reduced upfront burdens. Application-fee caps, broker-fee bans in major cities, and tighter security deposit rules are part of that trend.
At the federal level, the FTC published an advance notice of proposed rulemaking in March 2026 targeting what it calls unfair or deceptive rental fee practices, with a focus on hidden charges and fees not disclosed in advertised rent.4Federal Register. Rule on Unfair or Deceptive Rental Housing Fee Practices No binding federal rule exists yet. The most protective rules still sit at the state and local level, so your own jurisdiction’s landlord-tenant statutes are the practical place to check before signing any lease.