How much can a landlord charge for an application fee?
Several states cap application fees — California limits them to about $60 (adjusted annually for CPI). Other states require the fee to cover only actual screening costs. In states without caps, $30-75 is typical, but some landlords charge much more.
Application fees are supposed to cover the cost of running a background check, credit report, and verifying your rental history. That costs a landlord $15-40 in most cases. So why do some landlords charge $100 or more? Because in many states, there's nothing stopping them.
A few states have stepped in. California caps the fee and adjusts it yearly for inflation. New York bans application fees entirely — landlords can only charge for the actual cost of a background check (capped at $20). Other states don't set hard caps but require fees to be "reasonable" or limited to actual screening costs.
Here's what you should know: most application fees are non-refundable, even if you're denied. That's legal in most states. Some landlords collect dozens of applications for a single unit, pocketing fees from tenants who never had a real shot. A few states have tried to address this by requiring landlords to return fees if they don't actually run a screening report.
Before you pay, ask what the fee covers. Ask if it's refundable. And check your state law — you might be paying more than what's legal.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 1950.6, California caps rental application fees at the actual cost of screening — approximately $59.67 in 2026, adjusted annually for CPI.
Under Tex. Prop. Code § 92.351, Texas requires application fee disclosure before submission. Fees must be refunded if the landlord doesn't process the application.
Under N.Y. Real Prop. Law § 238-b (HSTPA 2019), New York caps application fees at $20 — the cost of a background/credit check. All other application fees are banned.
Florida does not cap rental application fees. Landlords must disclose the fee amount, and fees are typically non-refundable unless agreed otherwise in writing.
Under Chicago RLTO § 5-12-140, application fees in Chicago are limited to the landlord's actual screening costs, and landlords must provide receipts on request.
| State | Rule | Statute |
|---|---|---|
| California | California caps application screening fees at the actual cost of screening or an amount adjusted annually for CPI (approximately $59.67 in 2026). Landlords must provide an itemized receipt and return any unused portion. | Cal. Civ. Code § 1950.6 |
| Texas | Texas does not cap application fees by statute, but requires the fee to be disclosed before the application is submitted. Landlords must refund the fee if they don't actually process the application. | Tex. Prop. Code § 92.351 |
| New York | New York effectively caps application fees at $20 (the cost of a credit/background check). The HSTPA of 2019 banned all other application fees. Landlords who charge more are violating state law. | N.Y. Real Prop. Law § 238-b (HSTPA 2019) |
| Florida | Florida does not cap application fees. Landlords can charge whatever they want, though the fee must be disclosed. Application fees are typically non-refundable unless the landlord agrees otherwise in writing. | Fla. Stat. § 83.49 (general deposit provisions apply) |
| Illinois | Illinois does not set a statewide cap, but the Chicago RLTO limits application fees to the landlord's actual cost of screening. Landlords must provide receipts for screening costs if requested. | Chicago RLTO § 5-12-140 |
●Frequently Asked Questions
Frequently Asked Questions
How much can a landlord charge for an application fee?
Several states cap application fees — California limits them to about $60 (adjusted annually for CPI). Other states require the fee to cover only actual screening costs. In states without caps, $30-75 is typical, but some landlords charge much more.
Can my landlord charge me excessive late fees?
Late fees must be reasonable and are capped in many states. A late fee that's disproportionate to the landlord's actual cost of the late payment may be unenforceable as a "penalty" rather than legitimate damages.
Can my landlord charge a non-refundable application fee?
Most states allow application fees to cover screening costs (credit check, background check), but many cap the amount. Some states require the fee to reflect actual screening costs only.
Can my landlord charge me mandatory amenity fees on top of rent?
Yes, in most states — if the fees are disclosed in your lease. But "junk fees" that aren't clearly disclosed before signing or that bundle unwanted services are facing increasing regulation and legal challenges.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.