A California rental application is a document used by landlords and property management companies to screen and vet prospective tenants to determine whether they are reliable and able to pay rent on time.
Laws
- Application Fee – Non-refundable.
- Fee Limits – Cal. Civ. Code § 1950.6 – Initially, landlords could charge up to $30. The amount is indexed yearly and should be less than the landlord’s out-of-pocket cost of gathering tenant information.
- Security Deposit – Maximum payment equal to two months’ rent for unfurnished properties and three months’ rent for furnished properties.
Application Fee
- As of December 2023, the maximum screening fee a landlord or property manager can charge for processing a rental application is $62.02. [1]
- The maximum screening fee is based on the Consumer Price Index and adjusted annually for inflation.
- The landlord may not charge a fee when they know or should know there is no vacancy or will be no vacancy within a reasonable time.
- However, they may charge a fee to each prospective tenant applying to live in the rental property.
- Landlords and property managers must provide tenants with an itemized receipt showing the screening fee and other costs incurred to process a rental application. [2]
Fair Housing Protections
- The Federal Employment and Housing Act (FEHA) prohibits landlords from discriminating against tenants based on familial status, disability, nationality, race, religion, gender identity, or sexual orientation.
- Discrimination includes refusing to engage in real estate transactions, altering terms or conditions, making discriminatory inquiries, or misrepresenting property availability. [3]
- With the applicant’s consent, landlords may inquire about credit history, sex offender status, criminal or eviction history, proof of income, or employer information.
Security Deposit Limits
- California law sets limits on the amount of money that landlords can charge for security deposits.
- Depending on whether the property is furnished or not, the deposit is capped at a max. of three months’ rent. [4]
Pet Deposits
While pet deposits are a common element of the security deposit, in California, there aren’t any state-specific laws governing pet deposits.
Sample
