Last updated: October 23, 2026
Nonrefundable Fees in a Lease: Are They Allowed?
Leases often include charges labeled "nonrefundable": a nonrefundable deposit, a move-in fee, an admin fee, a pet fee, a cleaning fee. Whether a given charge is allowed depends heavily on your state and on what the charge really is.
Informational only. This article is general information, not legal advice, and FlagMyLease is not a law firm. Laws vary by state and city and change over time. For advice about your situation, contact a licensed attorney or a local legal aid organization.
Deposit vs. fee: why the label matters
A security deposit is money held to cover unpaid rent or damage, and it's generally governed by your state's deposit statute (limits, return deadlines, itemized deductions). A fee is a one-time payment for something else.
Problems come up when a lease calls something a "nonrefundable deposit," which mixes the two. Some states treat any money collected to secure performance of the lease as a deposit, whatever it's called.
Examples from state law
- California: Civil Code § 1950.5 says a lease may not make a security deposit nonrefundable. See California deposit rules.
- Other states: rules range from strict limits on fees to few restrictions at all. Check your state's guide in our security deposit rules by state.
Local ordinances in some cities also cap or ban certain move-in fees.
What to check in your lease
- Is any part of the deposit labeled nonrefundable?
- Do fees plus the deposit together exceed your state's deposit cap, if it has one?
- Is a cleaning fee charged automatically, regardless of the unit's condition?
- Are fees described clearly: amount, purpose, and when they're due?
Before you sign
Asking what each fee covers, and whether it can be removed or made refundable, is reasonable and common. Get any change in writing.
Find every fee in your lease
FlagMyLease reads your lease, lists the fees and deposit terms, and flags anything that may conflict with your state's law.