California, United States · property

Does a Landlord Have to Refund Your Application Fee If Not Selected in California?

In California, whether a landlord must refund your rental application screening fee depends on the screening process they use. Under California Civil Code Section 1950.6, landlords must refund your fee if they collect multiple applications simultaneously and do not select you, or if they charge you without actually considering your application.

The Law on California Rental Application Fees

Applying for a rental home in California can quickly become an expensive ordeal, especially when landlords charge application fees to dozens of applicants for a single property. Fortunately, California law provides robust protections to prevent landlords from turning tenant screening into a profitable side business. Under California Civil Code Section 1950.6, landlords are strictly regulated in how they collect, use, and refund application screening fees.

Crucially, a landlord cannot collect an application fee if they know—or should reasonably know—that no rental unit is currently available or will become available within a reasonable period of time. Furthermore, the maximum screening fee is capped and adjusted annually for inflation (capped at approximately $65). If a landlord takes your money when no unit is open, or charges you an excessive fee, they are operating in direct violation of state law.

The Two Paths: When a Refund Is Legally Required

Under changes introduced by Assembly Bill 2493, California landlords charging application fees must choose between specific compliance models. The method they choose determines whether they must refund your fee if you are not selected.

Under the 'First-Come, First-Qualified' process, landlords must evaluate applications in the order they are received and approve the first applicant who meets their written criteria. They cannot charge you a screening fee unless or until they actually consider your application. If they reject you after a full review because you failed to meet their written criteria, they do not have to refund the fee. However, if they inadvertently collect your fee but never actually process your application because they selected someone ahead of you, they must refund your fee within 7 days.

Under the 'Refund Non-Selected' process, landlords can collect fees from multiple applicants at the same time, but they must refund the entire screening fee to every single applicant who is not selected, regardless of the reason. This refund must be issued within 7 days of selecting a tenant, or within 30 days of when you submitted your application, whichever occurs first. If a landlord took your fee concurrently with other applicants and did not choose you, they owe you a full refund.

Your Right to Receipts, Reports, and Next Steps

Your rights do not end with a potential refund. Under California Civil Code Section 1950.6, the landlord must provide you with an itemized receipt showing the actual out-of-pocket costs and time spent on your screening. Even more importantly, if the landlord ran a consumer credit report using your fee, they must automatically deliver a copy of that credit report to you within 7 days of receiving it. If they did not run a credit report or check your references, they must return any unused portion of your fee.

If a landlord pocketed your application fee, ignored the refund deadlines, or refused to provide your credit report, they are breaking the law. You do not have to let dishonest landlords get away with keeping your hard-earned cash. To protect your rights, you can use Caunsel to research California's tenant screening regulations, organize and save your rental application documents in a secure case file, or connect with an independent, qualified attorney to help you demand your refund.

Steps

• Request an itemized receipt of the screening costs and a copy of your credit report from the landlord, which they must provide within 7 days of receipt.
• Ask the landlord in writing to clarify if they used the sequential 'first-qualified' screening process or the concurrent 'refund non-selected' process.
• Calculate your statutory refund deadline: if they selected another tenant, your refund for a concurrent application is due within 7 days of that selection.
• Send a formal, written demand letter citing California Civil Code Section 1950.6 and Assembly Bill 2493 if they refuse to issue your refund or fail to provide your credit report.

Common mistakes

• Assuming all application fees are legally 'non-refundable' just because a landlord claims they are on their application form.
• Failing to ask for a copy of the credit report or itemized receipt to verify if the landlord actually spent the money on screening.
• Waiting too long to demand a refund, allowing the landlord to ignore statutory timelines.

Questions people ask

Can a landlord charge an application fee if there are no units available in California?

No. Under California Civil Code Section 1950.6, a landlord is strictly prohibited from charging an application screening fee if they know or should know that no unit is available or will become available within a reasonable period of time.

What is the maximum rental application fee in California?

The maximum fee is adjusted annually based on the Consumer Price Index (CPI). For 2026, the maximum allowable screening fee is approximately $65 per applicant, and landlords cannot legally charge more than this cap.

Does the landlord have to give me a copy of my credit report?

Yes. If the landlord uses your screening fee to obtain a consumer credit report, they are required by California law to automatically send you a copy of the report via mail, email, or personal delivery within 7 days of receiving it.

General information only, last updated 2026-10-04. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in California, United States.