How much can a landlord charge for a rental application fee?

It depends on the state. Seayora holds a published statute for 12 states. The table below gives the figure for each, with the statute it comes from.

Application fee limit, state by state

StateApplication fee limitSource
California$30, adjusted for inflation since 1998Cal. Civ. Code § 1950.6
ColoradoActual processing cost; any unused part refundedC.R.S. § 38-12-903
Delaware10% of the monthly rent or $50, whichever is greater25 Del. C. § 5514(d)
MarylandAbove $25, everything but actual costs is refundedMd. Code, Real Prop. § 8-213
MassachusettsNot permittedM.G.L. c. 186, § 15B(1)(b)
New YorkActual cost of the checks or $20, whichever is lessN.Y. Real Prop. Law § 238-a(1)
OregonAverage actual cost; one charge per 60 daysORS 90.295
Rhode IslandNot permitted (actual cost of checks only)R.I. Gen. Laws § 34-18-59
VermontNot permitted9 V.S.A. § 4456a
Virginia$50, plus third-party check costsVa. Code § 55.1-1203
WashingtonActual cost, no more than the local screening rateRCW 59.18.257(1)
WisconsinA credit report at cost, up to $25Wis. Admin. Code ATCP § 134.05(4); Wis. Stat. § 704.085(1)(a)

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

How much can a landlord charge for a rental application fee in California?

In California, an application screening fee may not exceed $30, adjusted each year since 1 January 1998 for increases in the Consumer Price Index — the statute itself publishes no adjusted figure. This is Cal. Civ. Code § 1950.6.

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How much can a landlord charge for a rental application fee in New York?

In New York, a landlord may charge an applicant only for a background check and a credit check, and the total may not exceed the actual cost of the checks or $20, whichever is less. The fee must be waived where the applicant provides a background and credit check dated within the past 30 days, and an applicant who pays is entitled to a copy of the results. This is N.Y. Real Prop. Law § 238-a(1).

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How much can a landlord charge for a rental application fee in Virginia?

In Virginia, an application fee may not exceed $50, not counting actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. This is Va. Code § 55.1-1203.

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How much can a landlord charge for a rental application fee in Washington?

In Washington, a landlord who screens applicants itself may charge only its actual costs of obtaining the background information — no more than a screening service customarily charges in the area — and only after giving the written notice the statute requires. A violation can cost the landlord up to $100 plus attorney fees and court costs. This is RCW 59.18.257(1).

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How much can a landlord charge for a rental application fee in Massachusetts?

In Massachusetts, at or before the start of a tenancy a landlord may require only the first month’s rent, the last month’s rent, a security deposit of up to one month’s rent and the cost of a new lock and key — an application fee is not among them. This is M.G.L. c. 186, § 15B(1)(b).

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How much can a landlord charge for a rental application fee in Colorado?

In Colorado, a landlord may charge an application fee only if the whole of it goes to the costs of processing the application, the fee must be the same for every applicant for the landlord’s units, and any part not used must be refunded within 20 calendar days. This is C.R.S. § 38-12-903.

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How much can a landlord charge for a rental application fee in Maryland?

In Maryland, where a landlord takes more than $25 in fees from a prospective tenant (other than a security deposit), it may keep only what was actually spent on a credit check or other costs of the application and must return the rest within 15 days, or owe twice the fees in damages. This is Md. Code, Real Prop. § 8-213.

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How much can a landlord charge for a rental application fee in Oregon?

In Oregon, an applicant screening charge may not exceed the landlord’s average actual cost of screening or the customary charge of a screening company for comparable screening, and only one may be charged in any 60-day period whatever the number of units applied for. The charge must be refunded within 30 days if the unit is filled before the applicant is screened, or the applicant withdraws in writing before any screening is done. This is ORS 90.295.

More on Oregon

How Seayora uses this rule

This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Other rules compared across states

Every rule for one state

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