Screening Tenants in California: Fees, Income and Fair Housing
A fair process starts before the first application. Know your fee route, use written criteria and make the next step clear.
Get the free owner cheat sheet ↓
One fee decision. Two different paths.
Owners may collect a screening fee only with either of these two paths.
Civ. Code 1950.6 ↗Review in the order received
Review completed applications first come, first served under written screening criteria.
Completed applications. Written criteria. A consistent order.
Refund everyone not chosen
Refund every applicant not chosen by the earlier of these two deadlines:
after choosing a tenant
after applying
Whichever comes first, not whichever you prefer.
Screen the application. Keep the process fair.
Income: the source is protected
You cannot reject an applicant because their income comes from a housing voucher, benefits, a trust or support. You may use an equally applied income standard.
With a government rent subsidy, base the income standard on the tenant’s share of rent only, not the total advertised rent.
Criminal history: individual review
No blanket “no criminal record” ban.
A blanket ban is prohibited. Only a directly related conviction, judged individually for each applicant, may be used.
Gov. Code 12955 ↗A denial or a worse deal? Put the notice in writing.
If a denial or less favorable terms are based even partly on a credit or screening report, a written adverse action notice is required.
Name the reporting agency.
Explain the right to a free copy within 60 days.
Explain the right to dispute the report.
Offer the option. Let each tenant choose.
Most owners must offer each tenant the option to report on-time rent to a nationwide credit bureau at lease signing and at least annually. The offer is not mandatory tenant enrollment.
15 or fewer units? Check who owns it.
Buildings with 15 or fewer units are exempt unless the owner is a REIT, corporation or corporate-member LLC owning more than one residential building.
Good screening is a process, not a hunch.
When RNB manages your rental, we screen applicants using the same written criteria each time. Fee, notice and fair-housing rules are embedded in the process.
Talk to us about your rentalBefore the next application lands.
Can I charge an application fee?
Only with one of two paths: review completed applications first come, first served under written criteria; or refund every applicant not chosen within 7 days of choosing a tenant or 30 days of applying, whichever comes first.
Can I turn down a housing voucher?
Not because of the income source. With a government rent subsidy, apply the income standard to the tenant's share of rent only.
Can I require a clean criminal record?
No blanket "no criminal record" ban. Only a directly related conviction, assessed individually for each applicant, may be used.
- SOURCE REFERENCES
- Civ. Code 1950.6 ↗
- Gov. Code 12955 ↗
- Civ. Code 1785.20 ↗
- Civ. Code 1954.07 ↗
General information about California law, not legal advice. City rent control and local rules can change the answer. Updated November 1, 2026. RNB Property Management, DRE license #01900856.