Cal. Civ. Code § 170-15-1-4

"Insufficient funds fee" defined

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 10/15/2026IndianaLease Requirements

Operative Text

Cal. Civ. Code § 170-15-1-4
Sec. 4. (a) "Insufficient funds fee" means the fee:
(1) a landlord charges a tenant; or
(2) an association charges a member or co-owner;
to process insufficient funds of a payment.

(b) An insufficient funds fee shall not exceed the actual fee assessed to a landlord or an association by a financial institution resulting from
insufficient funds of an instrument received from a:
(1) tenant;
(2) member; or
(3) co-owner;
in payment of charges for water or sewage disposal service.
Source: Legislative text reproduced verbatim
Plain English

Indiana regulation 170 IAC 15 § 170-15-1-4 defines an 'insufficient funds fee' as the charge a landlord or housing association passes on to a tenant, member, or co-owner when a payment instrument—such as a check—is returned due to insufficient funds. Critically, this fee is capped: it cannot exceed the actual fee that the landlord or association itself was charged by its financial institution as a result of the returned payment. In other words, the rule prohibits any markup or profit on bounced-payment fees related to water or sewage disposal service charges.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 15, 2026

Plain English — not legal advice.

For Property Managers

Under 170 IAC 15 § 170-15-1-4, compliant landlords and associations document the exact fee their bank or financial institution charges them whenever a tenant's or member's payment is returned for insufficient funds. They pass through only that documented amount—no more—when billing the tenant or co-owner for the returned-payment fee on water or sewage disposal charges. Keeping bank statements or fee notices on file is a common practice that supports compliance with this pass-through cap.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 170-15-1-4 of 170 IAC 15 gives tenants a clear protection: a landlord may only charge an insufficient funds fee equal to what the landlord's own bank actually charged for the returned payment, with no added markup. If a tenant believes they have been charged more than that bank-assessed amount for a bounced payment related to water or sewage service, they may consider requesting documentation of the landlord's actual bank fee, raising the overcharge as a defense in any related proceeding, or contacting a local tenant-rights organization for guidance on available remedies.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 15, 2026
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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information