In California, a landlord can charge a rental application fee only to cover the actual cost of screening you, and only up to a statutory cap that adjusts each year for inflation. For 2026, that cap is $65.86 per applicant. The rules in Civil Code Section 1950.6 also control when the fee can be collected, what it can pay for, what paperwork you’re owed, and when the landlord has to give money back.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees
The 2026 Cap
The maximum a California landlord can charge to screen a rental applicant in 2026 is $65.86. That figure comes from a statutory base amount adjusted annually since January 1, 1998, using the Consumer Price Index.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees The cap applies per applicant, so two adults applying together can each be charged up to that amount.
The cap is a ceiling, not a flat rate the landlord is entitled to collect. The fee still cannot exceed the landlord’s actual out-of-pocket screening costs. If the credit check and reference calls only ran $40, charging $65.86 violates the statute even though the number is under the cap.
When a Landlord Can’t Charge You at All
Two situations make the fee flatly improper. A landlord cannot collect it when they know, or should know, that no unit is available or will become available within a reasonable time.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees And the fee is only proper if your application is actually reviewed. A landlord who takes fees from a stack of applicants and only screens the first three owes the rest their money back.
If a landlord accepts fees from several people who applied at the same time, they have seven days to refund anyone whose application went unconsidered. They can offer to apply the fee to a different unit they manage instead, but only with your consent.
What the Fee Is Allowed to Cover
The fee is restricted to costs directly tied to evaluating your application: pulling a credit report from a consumer reporting agency, running a tenant background check, and verifying personal references. The statute also lets the landlord account for the reasonable value of their own time spent gathering that information.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees
You are entitled to an itemized receipt, delivered in person or by mail, breaking down the out-of-pocket expenses and the time spent processing your information.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees A generic “application fee — $65” receipt does not satisfy this rule. If you don’t receive an itemized receipt, ask for one in writing. That paper trail matters if a dispute follows.
Landlords using a first-come, first-served screening process must also give you their written screening criteria along with the application, so you can see the standards you’re being measured against before you pay.
Your Right to a Copy of the Credit Report
Once you’ve paid the fee and the landlord has pulled your credit, they must give you a copy of that report within seven days of receiving it. Delivery can be in person, by mail, or by email.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees That copy is worth having beyond the immediate application. If the report shows errors, you can dispute them with the credit bureau before the same mistakes sink your next application.
Refunds You May Be Owed
Refund obligations depend on what the landlord actually did with your fee.
- If the landlord did not perform a reference check or did not obtain a credit report, the portion of the fee that covered those unused services must be refunded. A landlord who collects $65 but only runs a $25 credit check owes you the difference.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees
- If your application was collected but never actually reviewed, you are owed a full refund within seven days.
- Some landlords use a screening process that promises a full refund to any applicant not selected. Under that option, the entire fee comes back within seven days of a tenant being chosen or 30 days after you submitted the application, whichever comes first.1California Legislative Information. California Code CIV 1950.6 – Residential Rental Application Screening Fees
A landlord cannot keep money for services they never delivered. The burden is on them to justify every dollar retained.
Reusable Tenant Screening Reports
Since 2022, California has recognized reusable tenant screening reports under Civil Code Section 1950.1. You pay for one screening and share the results with multiple landlords, instead of paying a new fee at every property.2California State Senate Judiciary Committee. AB 2559 Ward – Reusable Tenant Screening Reports Analysis
Landlords aren’t required to accept reusable reports. But a landlord who does accept them must clearly advertise that fact on every listing, website, application form, and physical location where applications are taken. If a landlord accepts reusable reports and you provide one, they cannot charge you a screening fee or a fee to access the report.2California State Senate Judiciary Committee. AB 2559 Ward – Reusable Tenant Screening Reports Analysis In a tight market, that can save hundreds of dollars. The landlord can ask you to confirm that nothing material has changed since the report was generated.
Limits on Criminal History in Screening
Separate rules control how a landlord can use criminal history when reviewing your application. Under regulations enforced by the California Civil Rights Department, a landlord’s criminal history policy must be narrowly tailored and focus on whether a conviction is directly related to the tenancy.3California Civil Rights Department. Fair Housing and Criminal History FAQ Blanket bans on renting to anyone with a record are not allowed.
Some information is off-limits entirely. Landlords cannot consider arrests that didn’t lead to a conviction, infractions, participation in diversion or deferred-judgment programs, or criminal records older than seven years.3California Civil Rights Department. Fair Housing and Criminal History FAQ The landlord must also verify your financial qualifications before looking at criminal history and must give you a chance to explain mitigating circumstances if a past conviction is a concern. If you believe a denial rested on prohibited criminal history information, you can file a complaint with the California Civil Rights Department.
If a Landlord Overcharges or Refuses to Refund
Section 1950.6 doesn’t set a unique penalty, so your remedies come from general California law. Start with a written request for the refund, citing the specific rule the landlord broke. Many landlords pay once they see the tenant knows the statute. Keep copies of the receipt, the application, any listing that advertised the fee, and every communication.
If the landlord refuses, small claims court is usually the practical route. California small claims handles disputes up to $10,000 without an attorney, and filing fees are modest. You’ll need to show what you paid, what services were or weren’t performed, and the amount that should have come back.
For broader patterns, like charging fees when no unit is available or routinely exceeding the cap, a complaint to a local tenant protection agency or the California Department of Consumer Affairs may prompt an investigation. Discrimination issues, including improper use of criminal history, go to the California Civil Rights Department.