American Real Estate Journal

Money

Rental application fee limits by state

The rule in every state and DC, with the statute and how well each answer is verified. Click a state for its full page.

Some states cap rental application fees, require them to match the actual cost of screening, or require refunds when no screening is run. Some also require a receipt or an itemized list of screening costs.

What to check in your state

  • Whether there is a dollar cap or an actual-cost rule.
  • Whether you must refund the fee if the unit is rented to someone else first or no report is pulled.
  • Whether reusable screening reports must be accepted.

Common mistakes

  • Taking applications and fees from more applicants than you will screen.
  • Not giving written screening criteria before taking the fee.

Related: Tenant Screening Rules for Property Managers in 2026: FCRA Guide · Tenant lead to signed lease

StateRuleDetailsSources
AlabamaNo state limit on application fees.Disclose the fee before taking it and charge every applicant the same way. Follow federal FCRA rules for adverse action notices when you deny based on a screening report.No state statute found
Secondary source
AlaskaNo state limit on application fees.Disclose fees in advance and treat applicants consistently. Follow federal FCRA rules when you deny based on a screening report.No state statute found
Secondary source
ArizonaNo state cap on application fees.State in writing whether a fee is nonrefundable and what it is for. Fees not labeled nonrefundable are refundable.A.R.S. § 33-1321(B)
Secondary source
ArkansasNo state cap found. Local governments cannot regulate application fee amounts.Act 459 of 2025 bars cities and counties from regulating rental application fees and deposits. We found no state statute capping the fee itself. Disclose fees in advance and treat applicants the same.Ark. Code Ann. § 14-16-601 (Act 459 of 2025)
Secondary source
CaliforniaActual cost only, capped at $30 adjusted for inflation since 1998.Industry groups calculate the 2026 cap at about $65.86. You may charge only if you screen in order received and approve the first qualified applicant, or refund everyone not selected. Give a receipt itemizing costs and a copy of the credit report within 7 days. Do not charge when no unit is available.Cal. Civ. Code § 1950.6
Checked against the official source
ColoradoFee may cover only actual screening costs. Applicants with a portable screening report pay no fee.Tell applicants they can submit a portable report, itemize or disclose the fee's costs, give a receipt, and refund unused amounts within 20 days. Do not consider rental or credit history older than 7 years, arrests, or most convictions older than 5 years. Income requirements may not exceed 200% of rent (200% of the tenant's share for subsidized applicants). Since January 1, 2026, subsidized applicants need not include credit history in a portable report.C.R.S. §§ 38-12-903, 38-12-904; HB25-1236
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ConnecticutNo application fees. A screening report fee of up to $50, adjusted yearly for inflation, is allowed.Besides the deposit, first month's rent, and key deposits, the screening fee is the only upfront charge allowed. Give the applicant a copy of the report (or how to get it) and the receipt. Move-in and move-out fees are banned.Conn. Gen. Stat. § 47a-4d
Checked against the official source
DelawareGreater of 10% of monthly rent or $50.Charging more exposes you to damages of double the amount charged.25 Del. C. § 5514(d)
Checked against the official source
District of ColumbiaApplication fee capped at $50, adjusted each year for inflation since January 1, 2024.Charge only one fee per housing provider when someone applies for several units within 30 days. Before taking a fee, disclose the amount, screening criteria, automatic denial reasons, and the consumer reporting agency. Refund within 14 days if you do not screen. You cannot consider eviction filings older than 3 years or that did not result in a judgment for possession.D.C. Code § 42-3505.10
Checked against the official source
FloridaNo statewide cap.Chapter 83 does not limit application or screening fees, and the 2023 preemption law bars local governments from regulating screening and fees.Fla. Stat. § 83.425
Checked against the official source
GeorgiaNo statewide cap.Application fees are usually nonrefundable. Give a receipt.None
Secondary source
HawaiiScreening fee only for listed screening costs. Refund unused amounts within 30 days.Since May 1, 2024, charge only adults and emancipated minors, and only for reference checks, tenant reports, criminal checks, and credit reports. Give a receipt and cost breakdown on request. We could not reach the official text of HRS § 521-46; this follows the state consumer protection handbook.HRS § 521-46
Secondary source
IdahoNo statewide cap.Bills to cap application fees failed in 2025 (S 1042) and 2026 (H 701). Cities and counties cannot regulate rental fees. If you reject an applicant based on a credit report, federal law requires an adverse action notice.Idaho Code § 55-306
Checked against the official source
IllinoisNo cap until January 1, 2027, then $50 for most properties. No fee if the applicant brings a qualifying reusable screening report.If an applicant gives free access to a reusable tenant screening report under 30 days old that covers your criteria, you cannot charge an application or screening fee. For leases from January 1, 2027, application and background check fees are capped at $50 unless the actual check costs more, you pay it first, and you bill the applicant with the receipt within 14 days. The same law bans fees for lease renewal, eviction notices, maintenance requests, and move-in or move-out walkthroughs. Owner-occupied buildings with 6 or fewer units are exempt.765 ILCS 705/30; 765 ILCS 705/35 (P.A. 104-0479)
Checked against the official source
IndianaNo statewide limit; local rules on fees and screening are banned.No statute caps application or screening fees. Cities and counties cannot regulate screening, applications or landlord fees. Federal FCRA adverse action notice rules still apply when you deny based on a report.IC 32-31-1-20
Secondary source
IowaNo statewide limit found.Iowa law does not cap application or screening fees. Follow federal FCRA rules when you deny based on a consumer report.
Not yet verified
KansasNo statewide limit found.Kansas law does not cap application or screening fees. Follow federal FCRA rules when denying based on a report.
Not yet verified
KentuckyNo statewide statute.KRS chapter 383 has no provision on application or screening fees. Follow federal FCRA rules.KRS chapter 383 (table of contents)
Checked against the official source
LouisianaNo statewide limit found.No statute capping application or screening fees was found. Follow federal FCRA rules.
Not yet verified
MaineNo application fee; you may charge only the actual cost of one screening.You may charge the actual cost of one background check, credit check or other screening, once per 12 months per applicant. Before charging, tell the applicant you must give them a full copy of the report, and then do so.14 M.R.S. 6030-H
Checked against the official source
MarylandFees over $25 must be refunded except actual screening costs, within 15 days.This applies to landlords offering 5 or more units at one location. The application must explain the rules. If you accept reusable screening reports and an applicant provides one, you cannot charge an application fee. Since October 1, 2026, landlords with 5 or more units may not ask about criminal history before a conditional offer except for limited categories.Md. Code, Real Prop. 8-213; 8-218; 8-2A-01 et seq.
Checked against the official source
MassachusettsNot allowed for landlords or their agents.At or before move-in, a landlord or the landlord's agent may require only first month's rent, last month's rent, a deposit up to one month, and the cost of a new lock. Since August 1, 2025, that limit covers payments to the landlord's agent too, so a broker hired by the landlord cannot charge the tenant. An application that asks about evictions must state that applicants with sealed records may answer 'no record'.G.L. c. 186, § 15B(1)(b) (as amended by St. 2025, c. 9, §§ 54, 55); G.L. c. 239, § 16(j)
Checked against the official source
MichiganNo statewide cap.Michigan has no statute limiting rental application or screening fees. A 2025 bill to cap them (Senate Bill 372) had not been confirmed as law when we checked. Screening must still follow fair housing rules, including source of income protections.None
Secondary source
MinnesotaAllowed with written criteria; refund if unused or rejected for unlisted reasons.Before taking a fee, disclose in writing the screening company and your rental criteria. Do not take a fee if no unit is available, and do not cash it until earlier applicants are processed. Refund it if you reject the applicant for a reason not disclosed, rent to an earlier applicant, or do not use it for screening. Tell rejected applicants within 14 days which criteria they failed. Since 2025 you may not deny an applicant based on a pending eviction, an expunged or nonpublic case, or an eviction without a writ.Minn. Stat. § 504B.173
Checked against the official source
MississippiNo statutory limit found.We found no Mississippi statute regulating rental application or screening fees.
Not yet verified
MissouriNo statewide statute.RSMo chapters 441 and 535 contain no application or screening fee limit. Since August 28, 2025, cities and counties may not restrict a landlord's own screening criteria on income, credit, eviction or property damage history, or criminal history.RSMo chs. 441 and 535; § 441.043.2(2)
Checked against the official source
MontanaNo statutory limit found.We found no Montana statute regulating rental application or screening fees.
Not yet verified
NebraskaNo statewide statute.Nebraska's Uniform Residential Landlord and Tenant Act has no application or screening fee section. Screening must still follow the Nebraska Fair Housing Act.Neb. Rev. Stat. §§ 76-1401 to 76-1449 (no provision)
Checked against the official source
NevadaNo cap, but refund fees you do not use, and no fees for minors.Refund application, credit or background fees if you rent to someone else and never ran the check or processed the application. You cannot charge these fees for a household member under 18. On request, show prospects the lease they would sign. In effect since October 1, 2025.NRS 118A.306, NRS 118A.235 (AB 121, 2025)
Checked against the official source
New HampshireNo cap; disclose in writing first and refund unused amounts within 30 days.If the applicant does not get the unit, return anything above the documented cost of background and credit checks and reasonable administrative costs.RSA 540-A:3, VIII
Checked against the official source
New JerseyCapped at $50 per application starting May 1, 2026.The cap covers application fees and other similar fees and adjusts with CPI each January from 2027. It does not apply to units in one- or two-family homes, or to Real Estate Commission licensees who are not the landlord. Penalties are up to $500, $750, and $1,000 for repeat offenses, enforced by the Division of Consumer Affairs, and the overcharge is returned to the applicant. Under the Fair Chance in Housing Act, disclose your criminal history screening policy before taking a fee.N.J.S.A. 46:8-18.1 (P.L.2025, c.405); N.J.S.A. 46:8-55(b)
Checked against the official source
New MexicoScreening fee max $50, with written notice and consent; no other application fees.Do not charge when you know the unit is unavailable. Hold the payment until earlier applicants are resolved. Refund within 30 days if someone else takes the unit or you never run the screening. Give applicants copies of reports used, and do not charge again within 90 days for properties under the same owner.NMSA 47-8-19.2; 47-8-19.3
Checked against the official source
New YorkOnly background and credit check costs, up to $20 or actual cost, whichever is less.No other application fees. Waive the fee if the applicant provides a background or credit check from the last 30 days, and give the applicant a copy of the check and receipt. In NYC, the FARE Act bars charging tenants the fee of a broker the landlord hired.N.Y. Real Prop. Law § 238-a(1)
Checked against the official source
North CarolinaNo statewide statute caps application fees.Chapter 42 has no application or screening fee section. Keep fees reasonable and disclosed. Fees tied to eviction filings are limited to those listed in G.S. 42-46.N.C. Gen. Stat. ch. 42 (no provision); § 42-46
Checked against the official source
North DakotaNo state statute limits application fees.Keep fees reasonable and disclose them up front.No statute
Secondary source
OhioNo statewide statute.Chapter 5321 has no application or screening fee section. Check local ordinances.Ohio Rev. Code ch. 5321 (no provision)
Checked against the official source
OklahomaNo statewide limit.No Oklahoma statute regulates rental application fees.
Not yet verified
OregonScreening charge only for actual costs, one per 60 days, with written criteria first.Before taking a fee, give written screening criteria, the fee amount, and other required disclosures. Give a receipt, and refund within 30 days if you fill the unit before screening or never screen. Violations cost twice the fee plus $250. Limits apply to considering old evictions and criminal history.ORS 90.295, 90.303
Checked against the official source
PennsylvaniaNo statewide statute.The Landlord and Tenant Act has no application or screening fee section. Check local rules.68 P.S. § 250.101 et seq. (no provision)
Checked against the official source
Rhode IslandApplication fees are banned.You may require a state criminal background check and credit report. If the applicant provides one issued within 90 days, you cannot charge. Otherwise you may charge only the actual cost, and must give the applicant a copy.R.I. Gen. Laws § 34-18-59
Checked against the official source
South CarolinaNo statewide limit.No South Carolina statute regulates rental application fees.
Not yet verified
South DakotaNo statewide limit.No South Dakota statute regulates rental application fees.
Not yet verified
TennesseeNo statewide limit.No Tennessee statute caps rental application fees.
Not yet verified
TexasNo cap. Give written selection criteria at application time or refund the fee if you reject.The applicant must sign an acknowledgment of the criteria. An applicant not accepted within 7 days is deemed rejected, and refundable application deposits must be returned. Bad faith retention costs $100 plus three times the amount plus attorney's fees.Tex. Prop. Code §§ 92.3515, 92.352, 92.354
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UtahNo cap, but written disclosures are required before taking any fee.If the lease terms differ from your good faith estimate, the applicant can demand a refund within 5 business days of receiving the lease, and you must refund within 5 business days.Utah Code § 57-22-4(3)-(4)
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VermontApplication fees are banned.You must accept any unexpired government ID, an ITIN, or a Social Security number for background and credit checks, and cannot require a Social Security number (Act 69, effective July 1, 2025).9 V.S.A. § 4456a
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VirginiaApplication fee capped at $50 plus actual third-party screening costs ($32 for HUD-regulated units).Refund unused application deposits within 20 days (10 days for cash-type payments when you reject). From July 1, 2027, you must disclose fees, screening criteria, and automatic denial criteria before collecting any payment or information.Va. Code § 55.1-1203
Checked against the official source
WashingtonScreening charges limited to actual costs, and only after written disclosure of criteria.Before screening, tell applicants what you will check, what can lead to denial, the screening company, and whether you accept a reusable screening report. Give a written adverse action notice with reasons.RCW 59.18.257
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West VirginiaNo cap or refund deadline in state law.An application fee is nonrefundable only if the parties expressly agree in writing.W. Va. Code § 37-6A-1(2), (14)
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WisconsinCredit check fee: actual cost up to $25, and you must give the applicant a copy of the report.No fee if the applicant provides a nationwide credit report under 30 days old. Return earnest money deposits by the next business day after rejection or withdrawal.Wis. Stat. § 704.085; ATCP 134.05
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WyomingNo statewide statute regulates application or screening fees.The residential rental article has no application fee section. Disclose any fee up front and follow federal FCRA adverse action rules.Wyo. Stat. tit. 1, ch. 21, art. 12 (no application fee provision)
Checked against the official source
Laws change. Each rule shows its source and the date it was last checked. Read the statute and talk to a local attorney before acting.

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