Key Takeaways
A rental application fee is nonrefundable by default, but three triggers force a refund: no screening was actually run, the real screening cost came in below the fee charged, or part of the fee went unused.
A processing fee, an application deposit, and a holding deposit are three separate instruments with three different refund rules. Recording them as one line item is where most disputes start.
State caps span the full range: New York caps at $20, California's figure adjusts annually by CPI and sits near $65 as of late 2025, Virginia caps at $50 ($32 for HUD-regulated units) under current law, and Massachusetts bars owners from charging an application fee at all.
The fee is meant to cover real screening costs, credit, criminal, eviction, and income checks, and charging above that actual cost is the basis most complaints, attorney general investigations, and class actions are built on.
California, Minnesota, and Washington require refunding unused portions of the fee within a set window, commonly 7 to 14 days.
A landlord collects a $50 application fee online before a showing. The applicant is rejected and emails back: "I'd like that back." The transaction is still sitting right there on screen. The question underneath it is one most PM companies never actually asked before they set the price: which part of that $50 was ever legally theirs to keep in the first place?
Numetix takes an expert-led, AI-powered, and human-in-the-loop approach to fee compliance, applying the correct state cap and refund trigger before a fee is collected, not after a dispute arrives. This guide covers what's actually legal to charge and keep.
Quick Answer: What's legal to charge for a rental application fee?
An application fee is generally nonrefundable, provided the screening was actually performed and the fee doesn't exceed the real cost of that screening. Charging above actual cost, or keeping the fee when no screening occurred, is what turns a routine fee into a legal exposure.
State caps vary widely: $20 in New York, roughly $65 in California (CPI-adjusted annually), $50 in Virginia ($32 for HUD-regulated units), and a full prohibition on owner-charged fees in Massachusetts.
A processing fee, an application deposit, and a holding deposit are different instruments with different refund obligations. Confirm which one a specific payment actually is before deciding how to record and potentially refund it.
An application fee is nonrefundable by default, with three triggers that override it
An application fee is generally nonrefundable regardless of whether the applicant is approved or rejected. That default has real exceptions. Three triggers can force a refund: the fee was collected but no background or credit check was actually run, the real screening cost came in below what was charged, or part of the fee went unused. In a state that regulates any of these triggers, the fee stops being the landlord's money the moment the trigger applies.
Think of the fee like a taxi meter, not a cover charge. A cover charge is gone the moment someone walks in the door. A meter only bills for distance actually traveled, and if the driver never left the curb, there's nothing to charge for. Skipping the screening is the equivalent of never starting the meter.
Three different pots of money, three different refund rules

A processing fee and a separate refundable application deposit can both be charged on the same application, and their refund rules do not match. A holding deposit is a third instrument again, with its own logic.
Processing fee: nonrefundable by default, subject to the override triggers above.
Application deposit: refundable. Under Virginia's Code §55.1-1203, if the applicant doesn't rent the unit or is rejected, the landlord must refund every dollar above actual expenses and damages within 20 days, with an itemized list. This is current law, not a future requirement; a revised version of the same statute, adding a formal notice requirement, takes effect July 1, 2027.
Holding deposit: forfeitable when a qualified applicant is offered the unit, takes the unit off the market for the landlord, then declines, since the landlord lost the business opportunity of continuing to show it.
What's actually legal depends entirely on the state
State rules run from hard dollar caps to outright prohibition, and the range is wide. Several states now also require waiving the fee entirely when the applicant provides their own recent screening report. Confirm the specific jurisdiction's rule before setting a fee amount; a figure that's legal in one state is a violation just across the border.
State | What the rule does | Amount or condition |
|---|---|---|
New York | Hard cap | $20 |
California | CPI-adjusted cap on a $30 baseline, under AB 2493 | Roughly $65, confirm current year's figure |
Virginia | Hard cap under Code §55.1-1203 | $50 ($32 for HUD-regulated units) |
Massachusetts | Owners barred from charging; a licensed broker may | $0 from the owner directly |
Rhode Island | General prohibition, narrow cost exceptions | $0, effective January 1, 2024 |
California's figure moves every year because the $30 statutory baseline under Civil Code §1950.6 and AB 2493, signed September 29, 2024, adjusts with the Consumer Price Index. Secondary sources report different figures for different years, which is expected given the annual adjustment; confirm the current official number for the specific year before charging, rather than relying on a figure from a prior year's article.
Charging above actual screening cost is where the real risk lives
Application fees exist to cover real out-of-pocket screening costs, credit reports, criminal background checks, eviction history, and income verification, and nothing more. Charging above actual cost is the core basis for most misuse claims. A tenant who believes a fee was unreasonable can complain to a state attorney general or consumer protection office, and that filing can trigger investigation into a broader pattern across many tenants at once, not just the single complaint. When enough renters are affected by the same overcharge practice, class certification lets a large group pursue relief together. Maryland law specifically limits landlords to a reasonable fee covering actual screening cost and bars charging applicants who receive public assistance or rental subsidies.
Five things to set up before collecting a dollar
Confirm the current state cap first: the ceiling changes by state and, in California, by year.
Tie the fee to documented costs: price it to actual out-of-pocket screening spend, not a round number that feels reasonable.
Disclose refundability in writing on the application form: state the amount, payment method, refundability status, and deadline before the applicant pays.
Separate the fee from any deposit in the books: a nonrefundable fee and a refundable deposit are different instruments, and a forfeitable holding deposit is a third. Record each on its own line.
Honor the refund window where a trigger applies: often 7 to 14 days in California, Minnesota, and Washington, and 20 days for a Virginia application deposit.
Frequently asked questions
How do I collect a rental application fee correctly?
Disclose the amount, payment method, refundability status, and deadline in writing on the application form before the applicant pays. Collect only enough to cover actual screening costs, credit, criminal, eviction, and income checks, and record the fee separately from any refundable deposit in the books. Confirm the state's cap before finalizing the amount.
What is the rental application fee cap in California?
California sets a $30 statutory baseline under Civil Code §1950.6 and AB 2493, adjusted annually by CPI. The current figure has been reported near $65 for recent years, though sources sometimes show slightly different figures depending on when they were last updated. Verify the current official number before charging, since this figure changes annually.
Do I have to refund a rental application fee in California?
The fee must cover only actual out-of-pocket screening costs; any amount collected beyond that actual cost, or collected but never used because screening wasn't performed, is subject to refund under California's framework. California is also one of the states requiring refund of unused portions within a set window, commonly cited as 7 to 14 days, which makes tracking actual screening cost against the fee charged a necessary practice, not an optional one.
For property management firms that want application fees priced to actual cost and tracked for refund obligations automatically, our bookkeeping services build this into the standard collections workflow, expert-led, AI-powered, and human-in-the-loop.
See the complete guide to property management accounting for the full fee compliance framework.
Numetix is an AI-first accounting firm. AI runs the bookkeeping, tax, payroll, and reporting workflow. Industry experts handle the judgment, month-end close, review, and advisory. We serve founder-led service firms across law, consulting, IT, healthcare, creative, and nonprofit. Headquartered in California, serving clients nationwide.
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