Apartment Application Fees by State 2026: Caps, Refund Rules and Screening Limits in 9 States
Updated November 3, 2026. This guide summarizes statutes as published on official state sites or, where noted, on a reproduction of the official text. It covers nine states only. It is general information, not legal advice. Laws change and cities can add rules, so confirm the current text before you pay or charge a fee.
Short answer: An apartment application fee is limited by law in many states, but the limit takes different forms. California caps the fee at $30 per applicant (the statute's base figure, which it allows to be adjusted for inflation), New York at the lesser of the actual cost or $20, and Virginia at $50 plus third-party screening costs. Colorado, Oregon and Washington tie the fee to the landlord's actual or customary screening costs, while Maryland and Minnesota rely mainly on refund and disclosure rules. Massachusetts does not list an application fee among the payments a landlord may require before a tenancy starts.
How do application fee limits work in each state?
The table gives the rule in each statute, followed by a link to the source. "Screening costs" means what the landlord actually pays for a credit report, background check or similar service.
State | Cap or limit on the fee | Refund and receipt rules | Citation |
|---|---|---|---|
California | Not more than the landlord's actual out-of-pocket screening costs plus the reasonable value of time, and never more than $30 per applicant (adjustable annually for inflation from January 1, 1998). No fee if the landlord knows or should know no unit is or will be available within a reasonable time | Itemized receipt required. Unused money returned if no reference check or credit report is done. The landlord must either screen in the order applications arrive or refund the entire fee to applicants not selected within 7 days of selecting a tenant or 30 days of the application, whichever comes first. Copy of the credit report within 7 days | |
Colorado | No dollar cap. The fee may not exceed the landlord's actual or average screening costs, and must be the same for all applicants for the same unit. No fee if the applicant provides a portable tenant screening report that meets the statute's conditions | The landlord must give a receipt and either a disclosure of anticipated expenses or an itemization of actual expenses. Any unused amount goes back to the applicant; the landlord must make a good-faith effort to do so within 20 calendar days after processing | |
Maryland | No dollar cap in this section. Fees other than the security deposit that exceed $25 must be returned, except the part actually spent on a credit check or other application expenses | Return within 15 days after occupancy or after a written decision that no tenancy will occur; otherwise the landlord can owe twice the fees. The rule does not apply to a landlord who offers four or fewer dwelling units on one parcel or at one location, or to seasonal or condominium rentals | |
Massachusetts | The statute lists the only payments a landlord may require at or before the start of a tenancy: first month's rent, last month's rent, a security deposit and the cost of a lock and key. An application screening fee is not on that list. The statute also allows state regulations on an optional fee in place of a security deposit | Not addressed for application fees. Because the fee is not on the list, ask the landlord to cite the legal basis for any charge and get advice from legal aid or a tenant attorney | |
Minnesota | No dollar cap in this section. The landlord may not charge a fee if no unit is available now or within a reasonable future time, and must give written disclosures before taking a fee | Written receipt on request. The landlord may not use or deposit the fee until prior applicants have been screened and rejected or have declined the unit. Fee returned if the applicant is rejected for a reason not listed in the required disclosure, or if a prior applicant is offered the unit and agrees to rent it. Unused amounts returned if no reference check or credit or screening report is obtained. A violation can cost the landlord the fee plus a civil penalty of up to $100, filing costs and attorney fees | |
New York | The lesser of the actual cost of the background check and credit check, or $20, and the statute bars other application processing charges (with exceptions such as certain co-ops and retirement communities). The fee is waived if the applicant provides a copy of a background or credit check done within the past 30 days | The landlord may collect the fee only after providing a copy of the background and credit checks and a receipt showing the cost | |
Oregon | Not more than the average actual cost of screening or the customary amount screening companies charge, which may include the reasonable value of time. No fee if no unit is or will soon be available, unless the applicant agrees otherwise in writing. Only one screening charge in a 60-day period | Written receipt and confirmation of each screening, with a copy of the screening company's receipt. The landlord must give written criteria and notice before taking the fee. Fee refunded within 30 days if the unit is rented before screening, or if no screening is done and the applicant withdraws in writing. A violation can cost the landlord twice the fee plus $250 | |
Virginia | $50, not counting the landlord's actual out-of-pocket costs of third-party background, credit or other pre-occupancy checks. The limit is $32 for public housing or other HUD-regulated units | A separate refundable application deposit is allowed. The balance above the landlord's actual expenses and damages, with an itemized list, is due within 20 days after the applicant fails to rent or the application is rejected (10 days if paid by cash, certified check, cashier's check or money order and the application is rejected) | |
Washington | No dollar cap. A landlord may charge for the cost of obtaining a screening report only after giving written notice of what is checked, the denial criteria, the agency used and whether the landlord accepts a reusable report. Charges for the landlord's own screening may not exceed the customary cost of a screening service in the area | A landlord who charges without giving the required notice can owe the applicant up to $100, and the prevailing party may recover court costs and attorney fees. If the landlord says it accepts a reusable report, it may run its own report only if the applicant is not charged for it |
Source notes. We read the Colorado and New York text on Justia's reproduction of each state's statute because the official pages were not reachable for us when we checked; confirm against the state's own site. For Virginia, the Virginia code site shows a second version of this section taking effect July 1, 2027, so check the version in force when you apply. Maryland's refund rule is separate from its security deposit limits, which this guide does not cover.
Which states let you reuse a screening report?
Paying for a new report on every application is where application fees add up, so it helps to know which statutes address reuse.
New York: the fee is waived if you give the landlord a background or credit check run within the past 30 days.
Colorado: a landlord may not charge an application fee if you provide a portable tenant screening report that meets the statute's conditions.
Washington: the landlord's written notice must say whether it accepts a reusable screening report.
California: the statute says a landlord may, but is not required to, accept a reusable screening report.
If you want to ask for a waiver in a state without a rule like this, see how to ask a landlord to waive the application fee, which has copy-paste scripts.
What is the most a landlord can charge?
These examples apply the fixed dollar caps in the table. They are statute text, not a guarantee that a particular fee is allowed in your city.
New York: the lesser of the actual cost or $20. If the checks cost $35, the fee is still capped at $20.
California: actual costs and time, up to $30 per applicant under the statute's base figure. The statute allows an annual inflation adjustment, so the current dollar limit can be higher than $30.
Virginia: $50 plus the landlord's actual out-of-pocket costs of third-party checks. A landlord who pays $12 for a credit check can charge up to $62.
Colorado, Oregon, Washington, Minnesota and Maryland: there is no fixed dollar figure in these sections. The limit is the landlord's actual or customary cost, or a refund rule, as shown in the table.
What should you do if a landlord charges too much?
Ask for an itemized receipt. California, Colorado, New York and Oregon require a receipt or itemization. A landlord who cannot show the cost of the report has a hard time defending the amount.
Check whether a unit was actually available. California, Minnesota and Oregon restrict fees when no unit is available.
Put the refund request in writing. Cite the section from the table, state the amount you believe is owed and give a reasonable deadline. Keep copies of the application, receipt and messages.
Look up the remedy. Oregon allows twice the screening charge plus $250 in the situations the statute describes, and Maryland makes a landlord who fails to return fees liable for twice their amount. Minnesota provides the fee plus a civil penalty of up to $100, and Washington up to $100 for charging without the required notice.
Get local help. A legal aid office, tenant organization or housing agency can tell you how your state and city apply the rule.
What if my state is not in the table?
This guide covers nine states. For any other state, read the landlord-tenant statute on your state legislature's website or ask a local legal aid office rather than assuming there is no limit. If you are researching other fees, see our guides to late fee laws by state and landlord-tenant laws by state. For ways to avoid the fee in the first place, see how to find apartments with waived application fees.
FAQ
Is an apartment application fee refundable?
It depends on the state and on what the landlord did with the money. In California, unused money must be returned if no reference check or credit report is done, and the whole fee must be refunded to applicants not selected under one of the screening processes the statute describes. Oregon requires a refund within 30 days if the unit is rented before screening. Maryland requires fees over $25 to be returned, except the part actually spent on application expenses. Where the fee was spent on a real screening report, several of these statutes let the landlord keep that part.
What is the maximum application fee in California?
The statute says the fee cannot exceed the landlord's actual out-of-pocket costs plus the reasonable value of time, and in no case more than $30 per applicant. The $30 figure may be adjusted annually for inflation, so confirm the current figure with a legal aid office or tenant organization before you rely on $30.
Can a landlord charge a separate application fee for each applicant?
Several statutes speak of the fee per applicant. California's $30 limit is stated per applicant, and Oregon allows only one screening charge in a 60-day period. Colorado requires the same fee for all applicants for the same unit.
Does a state limit apply to a credit check or background check?
In New York the $20 limit covers the background and credit check. In Virginia the $50 limit excludes the landlord's actual out-of-pocket costs for third-party checks. In California, Colorado, Oregon and Washington the limit is built on the actual cost of those services.
For landlords: what should an application process disclose?
The statutes above keep returning to the same few practices: state the fee and what it covers in writing, give a receipt, refund what you did not spend, and do not collect a fee when no unit is available. Hoozzee's rental applications give you one place to collect applications and keep records. Start free with up to 5 units and no card. Paid plans include a 90-day trial; see the plans.
Sources: California Civil Code §1950.6 (leginfo.legislature.ca.gov, read November 3, 2026); Colorado Revised Statutes §38-12-903 and New York Real Property Law §238-a (Justia reproductions); Maryland Real Property §8-213 (mgaleg.maryland.gov); Massachusetts G.L. c.186 §15B (malegislature.gov); Minnesota Statutes §504B.173 (revisor.mn.gov); Oregon ORS 90.295 (oregonlegislature.gov); Virginia Code §55.1-1203 (law.lis.virginia.gov); Revised Code of Washington 59.18.257 (app.leg.wa.gov).