california tenant screening laws limit what a landlord can charge you just to apply for a rental home. Under california tenant screening laws, the key number is a $30 cap on the application screening fee per applicant, which a landlord may raise each year only in line with the Consumer Price Index.
What California Tenant Screening Laws Actually Says
If a letter or email mentions “Section 1950.6,” it is about your application fee. That is the core of california tenant screening laws. The section was most recently amended by AB 1170, effective January 1, 2026. It lets a landlord charge a fee to check your references and credit. However, the fee must match the landlord’s actual out-of-pocket costs. That includes screening services and the reasonable value of the landlord’s time.
The fee has a hard ceiling. The statute says $30 per applicant. The landlord may adjust that $30 each year with the Consumer Price Index, starting January 1, 1998. The statute does not publish the adjusted dollar figure. As a result, if you are charged more than $30, ask the landlord in writing to show how they calculated it. Credit reports themselves are governed by California’s consumer credit reporting law, Civil Code Section 1785 et seq.
Both parts together make up california tenant screening laws for most renters.
| Provision | Exact rule | Section |
|---|---|---|
| Fee cap | No more than actual costs, and never over $30 per applicant (CPI-adjustable yearly since January 1, 1998) | Civ. Code 1950.6(b) |
| No unit available | No fee if the landlord knows or should know no unit is or will soon be available | Civ. Code 1950.6(c)(1) |
| Refund if extra fee collected | Within 7 days to any applicant whose application is not considered | Civ. Code 1950.6(c)(2)(A)(iv) |
| Full refund option | Within 7 days of choosing a tenant or 30 days after you applied, whichever is first | Civ. Code 1950.6(c)(2)(B) |
| Itemized receipt | Must list out-of-pocket costs and time spent | Civ. Code 1950.6(d) |
| Unused fee | Must be returned if no reference check or credit report was done | Civ. Code 1950.6(e) |
| Copy of credit report | Within 7 days of the landlord receiving it | Civ. Code 1950.6(f) |
Who California Tenant Screening Laws Covers (and Who It Does Not)
These rules cover residential rentals across California. The statute defines “landlord” as an owner of residential rental property. It also covers the landlord’s agent, like a property manager or leasing office. In most cases, if someone asks you to pay to apply for a home, california tenant screening laws apply to that fee.
“Applicant” is broad. It includes anyone who asks to rent a home. It also includes a guarantor or cosigner. For example, if your parent cosigns, the $30 cap applies to them too. The fee is also not a “security” deposit under Section 1950.5. As a result, it cannot be treated as part of your deposit.
There is one limit. The section does not override deposit and fee rules for federal or state housing assistance programs. If you use a voucher, those program rules may also apply. Some California cities add extra tenant protections. Typically, you can check with your city’s housing office. However, california tenant screening laws set the statewide floor everyone gets.
What Your Landlord Must Do Under This Law
Before collecting a fee, the landlord must offer one of two processes. The first is “first come, first qualified.” Completed applications are reviewed in the order received. The landlord must give you written screening criteria with the application form. The first applicant who meets the criteria gets approved. You cannot be charged until your application is actually considered. Under california tenant screening laws, you get no refund if you were considered and did not meet the criteria.
The second option is simpler. The landlord refunds the whole fee to everyone not chosen, for any reason. Either way, you must get a receipt. It can come in person, by mail, or by email if you both agree. The receipt must itemize costs and time spent. In addition, if the landlord skipped the credit check or references, the unused money must come back to you.
The landlord may also offer another choice instead of a refund. You can choose to apply your fee to another unit the landlord offers. That is your decision, not theirs. A landlord may accept a credit report you bring, but does not have to. These duties are a big part of california tenant screening laws.
What You Can Do When It Is Broken
Start with a short, calm letter or email. Cite Civil Code Section 1950.6 and the exact part that was broken. For example, “You charged $75, but the cap is $30 per applicant.” Ask for the refund, receipt, or report by a clear date. Keep copies of everything. In most cases, a written request under california tenant screening laws gets things moving.
Section 1950.6 itself does not list a specific dollar penalty. If the landlord refuses, you may be able to file in small claims court to recover your money. Check with your local court’s self-help center for filing steps and limits. If your credit report has errors, California’s credit reporting law, Section 1785 et seq., lets you dispute it with the reporting agency.
A screening fee problem can also be a sign of bigger trouble. For example, a landlord may be charging fees with no unit available. That is not allowed under california tenant screening laws. If you face an eviction or a housing emergency, contact a local legal-aid office or a tenant attorney right away. They can review your papers for free or at low cost.
📨 Get Free Tenant Rights Guides Alerts
Free · No spam · Unsubscribe anytime
Frequently Asked Questions
Can a California landlord charge $50 or more to apply?
Under california tenant screening laws, the base cap is $30 per applicant. A landlord may adjust it yearly with the Consumer Price Index since January 1, 1998. If you are charged more, ask the landlord to show the math and an itemized receipt.
Do I get my fee back if I am not chosen?
It depends on which process the landlord offered. Under the full-refund option, yes, within 7 days of choosing a tenant or 30 days after you applied. Under the first-qualified option, you may not get it back if you were reviewed and did not qualify.
Do I have a right to see my credit report?
Yes. Under california tenant screening laws, if you paid a fee, the landlord must give you a copy within 7 days of receiving it. It can come in person, by mail, or by email.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
California Renter Guides
- California Eviction Process
- California Tenant Rights
- California Security Deposit Law
- California Rent Increase Laws
- California Repairs and Habitability
- Breaking a Lease in California
Related Guides
- Tenant Rights by State (50-State Guide)
- More in This Category
- Tenant Scenarios — What to Do When…
- Notices, Letters & Documents
- Comparison Guides
- Tenant Rights Legal Glossary
Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.