Rental Application Fee Laws by State
Many landlords charge a fee when a prospective tenant applies for a rental unit. The fee usually pays for a credit check, a background check, or a tenant screening report, and sometimes for the landlord's time processing the application. State law decides whether the fee is limited, how it is calculated, and what happens to it if the applicant is not screened or does not get the unit.
31 states and DC compared. Last checked .
At a glance
- Dollar cap: range
- $0 to $54
- Across the 10 jurisdictions with a single statewide figure.
- Refund required
- 11 of 25
- States and DC where the answer is yes or yes in some cases.
- Portable screening report rule
- 7 of 25
- States and DC where the answer is yes.
Compare rental application fee laws
States take different approaches. Some ban application fees outright, some set a fixed dollar cap, some limit the fee to the landlord's actual screening cost, some require a receipt or a refund in certain situations, and some have no statewide rule at all. Cities and counties can add their own limits unless state law preempts them. This guide compares the statewide rules and links each one to its statute.
32 of 32 shown
| Fee limit | Sources | ||||
|---|---|---|---|---|---|
| AZArizona | Not listed | Not listed | Yes, unless designated nonrefundable in writing | Not listed | |
| CACalifornia | $30 per applicant, adjusted yearly for CPIThe fee must cover actual out-of-pocket screening costs and time, and the landlord must give an itemized receipt. | $30 base, CPI-adjusted | Yes, any unused portion | Yes, optional for landlord; no fee if accepted | |
| COColorado | Actual or average processing cost onlyThe fee must be the same for every applicant for the same unit, and the landlord must give a receipt. | Not listed | Yes, unused amount within 20 days | Yes, landlord must accept; no fee | |
| CTConnecticut | $50 for a screening report, plus CPI adjustmentNo other application processing fee is allowed. The Commissioner of Housing sets the yearly CPI adjustment. | $50 base, CPI-adjusted | No refund rule | Not addressed | |
| DEDelaware | Greater of $50 or 10% of monthly rentA landlord who demands more owes the tenant double the fee charged. | Not listed | No refund rule | Not addressed | |
| DCDistrict of Columbia | $54 in 2026 ($50 base, CPI-adjusted)Only one fee may be charged when an applicant applies to several units of the same provider within 30 days, unless more than one screening is required. | $54 (2026) | Yes, if not screened, within 14 days | Not listed | |
| FLFlorida | No statutory cap; local limits preemptedPart II of Fla. Stat. ch. 83 contains no application fee limit, and 83.425 (2023) supersedes local rules on applications and fees associated with them. | Not listed | Not listed | Not listed | |
| GAGeorgia | Not listed | Not listed | No refund rule; usually nonrefundable | Not listed | |
| HIHawaii | Actual cost of obtaining applicant informationOnly applicants 18 or older or emancipated minors may be charged, and a receipt with a cost breakdown is due on request. | Not listed | Yes, unused amount within 30 days | Not listed | |
| ILIllinois | $50 for leases after Jan. 1, 2027, incl. background checksA higher third-party check cost may be billed only with receipts within 14 days. Owner-occupied buildings of 6 or fewer units are exempt. | $50 (leases after Jan. 1, 2027) | Not listed | Yes, no fee if a qualifying report is provided | |
| INIndiana | Local fee rules preempted by state lawInd. Code 32-31-1-20 bars local regulation of the screening process, lease applications, and any fees charged by a landlord. | Not listed | Not listed | Not listed | |
| MEMaine | Actual cost of one screening onlyFees just to submit, review, or approve an application are banned. The landlord must give the applicant a full copy of the screening results. | Not listed | No refund rule | Not addressed | |
| MDMaryland | Over $25: keep only actual costsIf fees exceed $25, the landlord may keep only what was actually spent on a credit check or other application expenses. Applies to landlords with 5 or more units at one location. | Not listed | Yes, unspent part if fees exceed $25 | Not addressed | |
| MAMassachusetts | Application fees bannedOnly first and last month's rent, a security deposit up to one month's rent, and the cost of a new lock and key may be required up front. | $0 (application fees banned) | Not listed | Not addressed | |
| MNMinnesota | No dollar cap; strict conditionsNo fee when the landlord knows no unit is or will soon be available. The landlord must disclose the screening service and rental criteria before taking the fee. | Not listed | Yes, in several cases | Not addressed | |
| NVNevada | No dollar capNo fee may be charged for a household member under 18. | Not listed | Yes, if unit goes to another and fee unused | Not addressed | |
| NHNew Hampshire | No dollar cap; written disclosure requiredBefore collecting the fee the landlord must disclose in writing the amount and any criminal background or credit check requirement. | Not listed | Yes, excess over actual costs if not rented | Not addressed | |
| NJNew Jersey | $50 total, CPI-adjusted yearlyCovers application and other similar fees combined. Does not apply to units in one- or two-family homes. | $50 | No refund rule | Not addressed | |
| NYNew York | Actual cost or $20, whichever is lessOther application fees are banned. A co-op may charge up to actual cost above $20 when the applicant would become an owner or shareholder. | $20 | No refund rule | Yes, 30-day report waives fee | |
| NDNorth Dakota | No statewide limitN.D.C.C. chapter 47-16 regulates security deposits but contains no application or screening fee rule. | Not listed | No refund rule | Not addressed | |
| OROregon | Average actual screening costMay not exceed the landlord's average actual cost or the customary charge of screening companies. Only one charge per 60 days per landlord. | Not listed | Yes, within 30 days if not screened | Not addressed | |
| RIRhode Island | Application fees bannedLandlord may charge only the actual cost of a required state background check or credit report, unless the applicant provides one issued within 90 days. | Not listed | Not listed | Yes, report within 90 days must be accepted | |
| SCSouth Carolina | No statewide limitThe South Carolina Residential Landlord and Tenant Act (S.C. Code 27-40) has no application or screening fee rule. | Not listed | No refund rule | Not addressed | |
| SDSouth Dakota | No statewide limitS.D. Codified Laws chapter 43-32 (lease of real property) has no section on application or screening fees. | Not listed | No refund rule | Not addressed | |
| TNTennessee | No statewide limitThe Uniform Residential Landlord and Tenant Act (Tenn. Code 66-28) has no section on application or screening fees. | Not listed | No refund rule | Not addressed | |
| TXTexas | No dollar capTexas Property Code 92.3515 regulates notice of selection criteria, not the fee amount. | Not listed | Only if selection criteria notice was not given | Not listed | |
| UTUtah | No statewide limitNeither the Utah Fit Premises Act (Utah Code 57-22) nor the renters' deposit chapter (57-17) has a section on application or screening fees. | Not listed | No refund rule | Not addressed | |
| VTVermont | Application fees bannedA landlord or agent may not charge any fee to apply for a residential rental unit. | $0 (application fees banned) | Not listed | Not addressed | |
| VAVirginia | $50 plus actual third-party screening costs$32 for public housing or HUD-regulated units, also excluding actual out-of-pocket screening costs. | $50 | No for the fee; deposit excess refunded | Not addressed | |
| WAWashington | Actual screening costSelf-screening charges may not exceed the customary costs of a screening service in the area. No charge unless notice is given first. | Not listed | No refund rule | Yes, landlord must say if it accepts one | |
| WIWisconsin | Actual credit report cost, up to $25Landlord must notify the applicant of the charge first and give the applicant a copy of the report. | $25 | Not listed | Yes, credit report under 30 days old | |
| WYWyoming | No statewide limitWyoming's residential rental property article (W.S. title 1, chapter 21, article 12) has no application or screening fee rule. | Not listed | No refund rule | Not addressed |
Alabama, Alaska, Arkansas, Idaho, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania and West Virginia are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Before collecting a fee, landlords can tell applicants in writing how much it is, what it pays for, and the screening criteria that will be used. Several statutes require some of this disclosure, and it also reduces disputes when an application is denied.
Keep a copy of the invoice or receipt from the screening company. Where the law ties the fee to actual cost or requires an itemized receipt, that record shows the fee was lawful.
Check local law as well as state law. In many states a city or county ordinance can set a lower limit or add refund and notice rules, and the stricter rule usually applies. A few states bar local rules on application fees.
Rental Application Fee Laws: state by state
Frequently asked questions
What is a rental application fee?
It is a charge a landlord collects from a prospective tenant to process a rental application. It usually covers the cost of a credit report, background check, or tenant screening report. It is separate from a security deposit or a holding deposit.
Is a rental application fee refundable?
It depends on the state. Some states require a refund if the landlord does not run the screening, or if no unit is available, and others treat the fee as nonrefundable once it is used for screening. The rule for each state is shown in the table.
Can a landlord charge more than the cost of the background check?
Some states limit the fee to the landlord's actual screening cost or a fixed dollar amount, so charging more is not allowed there. In states without a statewide rule, local ordinances or general consumer protection law may still apply.
What is a portable tenant screening report?
It is a screening report an applicant buys once and gives to several landlords. Some states require landlords to accept a recent portable report, and others bar a screening fee when the applicant provides one or the landlord chooses to accept it.
Is a holding deposit the same as an application fee?
No. A holding deposit reserves a unit for an approved applicant and is usually credited toward rent or the security deposit. An application fee pays for processing and screening. States regulate the two separately.
Which states have the highest and lowest dollar cap?
Among the 10 jurisdictions with a single statewide figure, dollar cap ranges from $0 (Massachusetts and Vermont) to $54 (District of Columbia). The most common figure is $50 (4 jurisdictions). Check each state's page for exceptions.
Refund required: which states say yes?
Of the 25 jurisdictions we checked, the answer is yes in 6 jurisdictions, in some cases in 5, no in 14. Yes: California, Colorado, District of Columbia, Hawaii, Minnesota and Oregon. In some cases: Arizona, Maryland, Nevada, New Hampshire and Texas.
Portable screening report rule: which states say yes?
Of the 25 jurisdictions we checked, the answer is yes in 7 jurisdictions, no in 18. Yes: California, Colorado, Illinois, New York, Rhode Island, Washington and Wisconsin.