Maximum Fees ($)

• Application fee (§ 1950.6): The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than $30 per application.
  • As of December 2022, the CPI adjusted increase to the screening fee is $29.67 and the total maximum fee you can charge is $59.67.
• Pet deposit: Commencing in July 2024, California law provides that landlords can charge a refundable pet deposit not exceeding one month of rent. Non-refundable pet deposits are illegal in California and housing providers cannot charge someone with an emotional support animal a pet deposit, rent, or fee (however they may be able to charge for damages caused by such an animal).
• Security deposit (§ 1950.5(c)): Currently, housing providers may charge two (2) month’s rent for unfurnished rentals or three (3) month’s rent for furnished rentals. Commencing July 2024, Housing providers may only charge one (1) month’s rent for furnished or unfurnished rentals.

In California, landlords are required to follow specific laws and regulations when screening tenants and reviewing rental applications. These laws are designed to protect both landlords and tenants, and ensure the rental process is fair and transparent. This is informational only; not legal advice.

• ‍Security deposits and other fees: Under California law, no lease or rental agreement may contain a provision characterizing any security as “nonrefundable”.‍
• Housing discrimination: Under the Unruh Civil Rights Act, landlords are prohibited from refusing to rent to someone based on protected characteristics including age, disability, race, religion, sex and sexual orientation.‍
• Consent to obtain credit report: California law regulates the use of credit reports by landlords to screen potential tenants. Landlords must obtain the applicant’s consent before accessing their credit report, provide notice to tenants if they are denied housing based on their credit report, and disclose the reasons for the denial. (California Civil Code § 1785.16)‍
• Criminal history in tenant screening: California law restricts landlords from using criminal history to deny housing to potential tenants except in certain cases where the criminal record poses a safety risk to other tenants or the property. (California Code of Regulations, Title 2, Sections 12264-12271)
• ‍Citizenship status: California law prohibits landlords from making an inquiry based on the immigration or citizenship status of a tenant. Landlords may also not disclose to any person or entity information regarding a tenant’s citizenship status with intent to harass or intimidate a tenant. (California Civil Code § 1940.3)‍
• Income and employment verification: Landlords must follow a set of requirements when verifying an applicant’s income and employment. They may not discriminate against individuals based on employment or source of income.‍
• Written notice of FCRA rights: Landlords must provide written notice to prospective tenants about their rights under the Fair Credit Reporting Act (FCRA) when obtaining consumer reports or background checks.
• Alameda County: Alameda County’s Fair Chance legislation bans the use of criminal background reports by landlords.