California has strict laws that protect renters from unfair tenant screening practices and excessive fees.
If you believe your rights have been violated during the application or screening process, contact an experienced California tenant rights lawyer from HBK Lawyers today.
Who Pays for Tenant Screening?
In California, tenants are typically responsible for paying screening fees when they submit rental applications. However, the law doesn’t require you to pay these fees in every situation. Some landlords choose to absorb screening costs themselves as a business expense, particularly in competitive rental markets where they want to attract quality tenants.
What Are Application Screening Fees and Tenant Screening Rights in California?
California’s AB 2493 regulates how landlords can handle rental applications and screening fees. The law was designed to prevent landlords from collecting multiple application fees when they had no intention of fairly considering all applicants. Critical provisions of AB 2493 include:
- They must process applications in the order they are received.
- Must approve the first applicant who meets the screening criteria.
- Must delay charging fees until the application is reviewed.
Under these rules, landlords cannot simply collect fees from dozens of hopeful tenants while only seriously considering the first few applications. Instead, they must follow a fair, first-come-first-served approach that gives every qualified applicant a genuine opportunity to secure the rental.
How Much Can California Landlords Charge for a Screening Fee?
California Civil Code Section 1950.6 limits the amount landlords can charge for application screening fees. As of 2024, the maximum screening fee is $67.63 per applicant. However, our tenant rights attorneys at HBK Lawyers verify current amounts, as they are adjusted annually based on the Consumer Price Index. Landlords cannot charge more than their actual screening costs or the legal maximum, whichever is less.
How Can Landlords Use the Screening Fee?
Screening fees must be used exclusively for the costs associated with processing your rental application. Acceptable screening fee uses include the following:
- Purchasing credit reports.
- Conducting background checks.
- Verifying employment and rental history.
- Other legitimate screening activities.
Landlords cannot use these fees for general business expenses, property maintenance, or other unrelated costs. We often see violations when property owners try to pocket screening fees as additional profit rather than using them for their intended purpose.
What Are Reusable Tenant Screening Reports in California?
California allows tenants to use reusable screening reports, which can save money when applying to multiple properties. You can obtain your own consumer report from a screening company and provide it to landlords, eliminating the need to pay separate screening fees to each property owner. The report must be no more than 30 days old, and landlords must accept it unless they have specific, legitimate reasons for requiring their own screening process.
What Are California’s Laws on Background Checks for Prospective Tenants?
California has strict regulations governing what information landlords can consider during background checks. Recent legislation has limited the scope of criminal history searches and the types of convictions that can impact your application. Key restrictions include:
- Cannot consider arrests that did not result in a conviction.
- Limited ability to reject based on old criminal convictions.
- Must follow fair chance housing ordinances in many cities.
- Cannot discriminate based on protected characteristics.
Many local jurisdictions have additional “fair chance” or “ban the box” ordinances that further restrict the use of criminal history in housing decisions. We help clients understand both state and local protections that apply to their specific situation.
Does a Landlord Need My Consent to Run a Background Check?
Yes, landlords must obtain your written consent before conducting any background check or credit screening. The consent should clearly explain what type of information they will be seeking and how it will be used. You have the right to know what screening company they plan to use and what specific reports they will obtain. Never sign a blank authorization or one that gives unlimited permission for future screenings.
How to Dispute a Tenant Screening Report?
If you discover errors in your tenant screening report that led to a rental application denial, you have the right to dispute inaccurate information. Contact the screening company directly to request corrections, and they must investigate your dispute within 30 days, as required by federal fair credit reporting laws.
You can also dispute errors with the original source of the information, such as credit bureaus or previous landlords. Keep detailed records of all communications and evidence supporting your dispute, as attorneys often need documentation to help resolve complex screening report issues that affect your ability to secure housing.
Consult an Experienced California Tenant Rights Lawyer
If you believe a landlord has violated California’s tenant screening laws, collected improper fees, or discriminated against you during the application process, legal help is available. Call HBK Lawyers at (818) 696-2306 to schedule a free consultation with our experienced California tenant rights attorneys who can evaluate your case and help pursue appropriate legal action.
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