This page summarizes statutes for general information. It is not legal advice, and we are not a law firm. Laws change, and cities and counties may add rules. Read the statute at the linked source and talk to a local attorney or landlord association for your situation.
Quick comparison
| State | Statute | Fee limit |
|---|---|---|
| California | Civ. Code § 1950.6 | Actual cost; $30 cap adjusted yearly for CPI since 1998 |
| New York | Real Prop. Law § 238-a | Background/credit check only: actual cost or $20, whichever is less |
| Virginia | Code § 55.1-1203 | $50 plus actual third-party check costs ($32 for certain HUD units) |
| Washington | RCW 59.18.257 | Actual screening report cost, only after written notice |
| Oregon | ORS 90.295 | Average actual cost or customary screening-company amount; one charge per 60 days |
| Minnesota | Stat. § 504B.173 | Fee allowed with written disclosures; returned in listed cases |
| Maryland | Real Prop. § 8-213 | Fees over $25 refundable less actual costs (landlords with 5+ units at one location) |
California
Cal. Civ. Code § 1950.6 · Official source
- The screening fee may not exceed the landlord's actual out-of-pocket cost, and in no case more than $30 per applicant, adjusted annually for the Consumer Price Index since January 1, 1998 (subd. (b)).
- No fee may be charged when no unit is available now or within a reasonable time (subd. (c)(1)).
- To charge a fee, the landlord must either consider applications in the order received using written screening criteria given with the application form, or refund every applicant not selected within 7 days of selection or 30 days of submission (subd. (c)(2)).
- The applicant gets a receipt itemizing out-of-pocket costs and time spent (subd. (d)) and, on request through payment, a copy of the credit report within 7 days of receipt (subd. (f)).
- Unused screening fees must be returned (subd. (e)). Landlords may accept a reusable screening report under § 1950.1 (subd. (g)).
Printed on your form: California (Civ. Code § 1950.6): the screening fee covers actual costs only and is capped by statute (adjusted yearly for CPI). You will receive an itemized receipt and a copy of any credit report obtained. Our written screening criteria are attached.
New York
N.Y. Real Prop. Law § 238-a · Official source
- No fee may be charged to process, review or accept an application, except for a background check and credit check (subd. 1(b)).
- Those checks may cost the applicant no more than the actual cost or $20, whichever is less (subd. 1(b)).
- The fee must be waived if the applicant provides a background or credit check done within the past 30 days (subd. 1(b)).
Printed on your form: New York (Real Prop. Law § 238-a): the only fee allowed is for a background and credit check, at actual cost up to $20. It is waived if you provide a check from the past 30 days.
Washington
RCW 59.18.257 · Official source
- Before obtaining screening information, the landlord must tell the applicant in writing what will be checked, the criteria that may lead to denial, and the consumer reporting agency used (subsection (1)(a)).
- The landlord must say whether it accepts a comprehensive reusable tenant screening report, and may charge only the cost of a screening report when the written notice was given (subsection (1)(a)-(b)).
- A denial or other adverse action needs a written notice stating the reasons (subsection (1)(c)).
Printed on your form: Washington (RCW 59.18.257): our screening notice lists what we check, our criteria and the screening company. The fee covers the cost of the screening report only. Tell us if you have a comprehensive reusable tenant screening report.
Oregon
ORS 90.295 · Official source
- An applicant screening charge covers only the cost of obtaining information about the applicant, and may not exceed the landlord's average actual cost or the customary amount charged by screening companies (subsections (1)-(2)).
- Only one screening charge per applicant in any 60-day period, regardless of how many units (subsection (1)(b)).
- Before charging, the landlord must give written notice of the screening criteria, process, and the applicant's rights to dispute (subsection (3)).
- No charge when no unit is available, and refunds are due within 30 days if the unit is filled before screening (subsections (4)-(5)).
Printed on your form: Oregon (ORS 90.295): the screening charge covers our actual screening cost, is charged once per 60 days, and is refunded if we fill the unit before screening you. Our written screening criteria are attached.
Virginia
Va. Code § 55.1-1203 · Official source
- A nonrefundable application fee may not exceed $50, excluding actual out-of-pocket costs paid to third parties for criminal and credit checks (subsection D; $32 for certain public housing units).
- A refundable application deposit may also be taken; if the applicant does not rent, sums over actual expenses must be refunded within 20 days with an itemized list (subsection B).
Printed on your form: Virginia (Code § 55.1-1203): the application fee is no more than $50 plus actual third-party background and credit check costs. Any refundable deposit is handled as the statute requires.
Minnesota
Minn. Stat. § 504B.173 · Official source
- No screening fee when the landlord knows no unit is or will soon be available (subd. 1).
- Before taking the fee, the landlord must disclose in writing the screening service used (name, address, phone) and the criteria for the decision (subd. 3).
- Written receipt on request; the fee may not be cashed until prior applicants are screened and resolved (subd. 1).
- The fee is returned if the applicant is rejected for a reason not disclosed, or a prior applicant takes the unit; unused amounts are returned (subd. 2). Rejected applicants are told the criteria they did not meet within 14 days (subd. 3).
Printed on your form: Minnesota (Stat. § 504B.173): the screening service and our criteria are disclosed below before any fee is taken. Ask for a written receipt. If you are rejected we will tell you which criteria you did not meet within 14 days.
Maryland
Md. Code, Real Prop. § 8-213 · Official source
- If a landlord requires fees over $25 (other than a security deposit), the fee must be returned within 15 days after occupancy or written notice of no tenancy, less amounts actually spent on a credit check or other application expenses.
- The application must state the tenant's liabilities and these refund rules.
- Does not apply to landlords offering 4 or fewer units on one parcel or location, or to seasonal or condominium rentals.
Printed on your form: Maryland (Real Prop. § 8-213), for landlords covered by the statute: application fees over $25 are returned within 15 days after occupancy or written notice of no tenancy, less amounts actually spent on a credit check and other application expenses.
Federal rules that apply in every state
- Fair Housing Act, 42 U.S.C. § 3604: no refusal to rent, different terms, or discriminatory statements or ads based on race, color, religion, sex, handicap, familial status or national origin.
- Fair Credit Reporting Act, 15 U.S.C. § 1681m: if you deny an applicant, or require more deposit or a co-signer, based on a consumer report, give an adverse action notice naming the reporting agency and the applicant's rights to a free copy and to dispute it.
All other states
Check your state's current rules on application fees and screening, and any city or county rules, before charging a fee. Not yet verified on an official source: Colorado's portable tenant screening report rules, New Jersey's Fair Chance in Housing Act, and local ordinances such as those in New York City, Seattle and Cook County.
States without a verified rule in our builder: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming.
Frequently asked questions
Which states cap rental application fees?
Among the states we verified: New York caps background and credit check fees at $20 or actual cost (Real Prop. Law § 238-a), Virginia caps application fees at $50 plus actual third-party check costs (§ 55.1-1203), and California caps screening fees at actual cost under a CPI-adjusted limit that started at $30 (Civ. Code § 1950.6). Other states limit fees to actual costs or require refunds.
Can a landlord keep the application fee if I am denied?
Often yes, if the fee was used for screening. But several states require refunds in specific cases, for example when the unit is filled before you are screened (Oregon, California) or when you are rejected for a reason not disclosed in advance (Minnesota).
Why is my state not listed?
We only list rules we have checked on the official statute website. If your state is missing, the form prints a reminder to check your state's current rules. Cities and counties can add their own rules, too.
Last updated · Written and checked by the RentalApplicationMaker editorial team against official state statutes. A template, not legal advice.