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
| State | Application fee limit | Source |
|---|---|---|
| California | $30, adjusted for inflation since 1998 | Cal. Civ. Code § 1950.6 |
| Colorado | Actual processing cost; any unused part refunded | C.R.S. § 38-12-903 |
| Delaware | 10% of the monthly rent or $50, whichever is greater | 25 Del. C. § 5514(d) |
| Maryland | Above $25, everything but actual costs is refunded | Md. Code, Real Prop. § 8-213 |
| Massachusetts | Not permitted | M.G.L. c. 186, § 15B(1)(b) |
| New York | Actual cost of the checks or $20, whichever is less | N.Y. Real Prop. Law § 238-a(1) |
| Oregon | Average actual cost; one charge per 60 days | ORS 90.295 |
| Rhode Island | Not permitted (actual cost of checks only) | R.I. Gen. Laws § 34-18-59 |
| Vermont | Not permitted | 9 V.S.A. § 4456a |
| Virginia | $50, plus third-party check costs | Va. Code § 55.1-1203 |
| Washington | Actual cost, no more than the local screening rate | RCW 59.18.257(1) |
| Wisconsin | A credit report at cost, up to $25 | Wis. 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.
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).
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.
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).
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).
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.
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.
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.
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
- How the interest works in 14 states
- Maximum deposit in 28 states
- Deadline to return the deposit in 51 states
- Notice before entry in 24 states
- Notice before a nonpayment case in 49 states
- Notice to end a tenancy in 48 states
- Notice before a rent increase in 29 states
- Maximum late fee in 17 states
- Grace period before a late fee in 14 states
- The first step in 22 states
- Time to respond in 22 states
- The rule on lockouts in 22 states
- Cause needed to end a tenancy in 5 states
- Labor on an appliance repair in 20 states
- Capital improvement in 8 states
- Repair labor on real property in 15 states
- How the contractor is treated in 51 states
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