Study · statute-sourced · July 2026
Rental Application Fees: What Each State Allows
18 of 51 US jurisdictions regulate application fees — 4 ban them,8 cap them in dollars, 6 allow only the actual cost of screening. Two of those caps (New Jersey, New Mexico) are 2025-26 laws most guides don't list yet.Every row cites the statute.
4
states ban application fees
8
set a dollar cap
6
allow actual cost only
33
no statewide cap
Where fees are banned or capped
Connecticut — Banned
CGS §47a-4d · Connecticut General Statutes
Application fees prohibited; only a screening-report fee ($50 + CPI, set by the Commissioner of Housing) is allowed. Many guides miscite this as §47a-4b — that section is commercial leases.
Massachusetts — Banned
M.G.L. c.186 §15B · Massachusetts AG advisory
Landlords may only collect first month, last month, security deposit and lock/key cost — no application fees.
Rhode Island — Banned
R.I. Gen. Laws §34-18-59 (eff. 1/1/2024) · Rhode Island General Laws
Exception: actual cost of background/credit check if the applicant does not bring one ≤90 days old.
Vermont — Banned
9 V.S.A. §4456a (as amended 2025) · Vermont Statutes
Total residential ban; landlords may not demand an SSN either.
California — Cap: CPI-adjusted (≈$66 in 2026)
Civ. Code §1950.6 · California Legislative Information
Base $30 (1997) adjusted annually by CPI, and never more than actual out-of-pocket cost. The statute publishes the mechanism, not the yearly figure.
Delaware — Cap: greater of 10% of monthly rent or $50
25 Del. C. §5514(d) · Delaware Code
District of Columbia — Cap: $54 in 2026 (CPI-adjusted $50 base)
D.C. Code §42-3505.10(b) · D.C. Council Code
Covers ALL screening costs; the Rental Housing Commission publishes the annual cap.
New Jersey — Cap: $50 (eff. 5/1/2026)
P.L.2025, c.405 · NJ Attorney General guidance
Brand-new law most guides miss: covers "similar fees", CPI-adjusted, $1,000 penalty; 1-2 family owner-occupied exempt.
New Mexico — Cap: $50 screening fee (eff. 9/20/2025)
UORRA §§47-8-19.2/19.3 (SB 267) · New Mexico Legislature
Other application fees prohibited; one fee per 90 days; refund if not processed.
New York — Cap: $20 (or actual cost, whichever is less)
RPL §238-a · NY Senate — Real Property Law
The application fee itself is banned; only background/credit cost up to $20 — waived if the applicant brings their own report ≤30 days old.
Virginia — Cap: $50 ($32 in HUD/public housing)
Va. Code §55.1-1203 · Virginia Law
Actual third-party costs excluded; refundable portion returned within 20 days.
Wisconsin — Cap: $25 (credit report cost)
ATCP 134.05(4) + Wis. Stat. §704.085 · Wisconsin Administrative Code
Applies to credit/background report costs; waived if the applicant brings a report <30 days old.
Actual-cost-only states
Colorado
C.R.S. §38-12-903/904 · Colorado General Assembly (HB19-1106)
Same fee for every applicant; unused portion refunded within 20 days.
Hawaii
HRS §521-46 (Act 200, eff. 5/1/2024) · Governor of Hawaii / DCCA
Excess over actual cost refunded within 30 days.
Illinois(reported — see note)
765 ILCS 705 (PA 103-754, eff. 1/1/2025) · Illinois General Assembly
Actual out-of-pocket screening cost only; reusable screening reports accepted. Multiple legal databases converge, but ilga.gov was unreachable for direct verification — confirm before relying.
Maine
14 M.R.S. §6030-H · Maine Legislature
One screening per 12 months; applicant gets a full copy of the report.
Oregon
ORS 90.295 · Oregon Legislature
Average actual cost; one charge per 60 days; receipt required; refund if no screening.
Washington
RCW 59.18.257 · Washington Legislature
No more than the customary screening cost in the area; prior written disclosure; $100 penalty.
The 33 states with no statewide cap
No cap ≠ no rules: Texas, Maryland, Minnesota and Nevada impose refund or disclosure duties, and cities like Philadelphia ($50) and Boise ($30) cap fees locally. Tap a state for its lease agreement with that state's rules.
Alabama · Ala. Code tit. 35-9A (no provision)
Alaska · AS 34.03 (no provision)
Arizona · ARS §33-1321(B)
Fees not marked "nonrefundable" in writing are refundable.
Arkansas · No state provision (Act 459 preempts local rules)
Florida · Fla. Stat. ch. 83 (no provision); §83.425 preempts local caps
Condo associations: $150 cap under ch. 718.
Georgia · No state provision
Idaho · No state provision
Boise (local): lesser of actual cost or $30.
Indiana · IC 32-31 (no provision)
Iowa · Iowa Code ch. 562A (no provision)
Kansas · K.S.A. ch. 58 art. 25 (no provision)
Kentucky · KRS 383 (no provision)
HB 295 (2026) proposes regulation — pending, not law.
Louisiana · No state cap
Maryland · Md. Real Prop. §8-213
Fees over $25: unspent portion must be returned within 15 days (double damages if not). Landlords with ≤4 units at one location exempt.
Michigan · No state provision
HB 4770 proposes a $50 cap — pending, not law.
Minnesota · Minn. Stat. §504B.173
No dollar cap, but fee must be refunded if no screening happens or the unit goes to someone else; $100 penalty.
Mississippi · Miss. Code §89-8 (no provision)
Missouri · Mo. Rev. Stat. ch. 441/535 (no provision)
Montana · MCA §70-24 (no provision)
Nebraska · No state provision (LB17 proposed, not enacted)
Nevada · NRS 118A.306 (AB 121, eff. 10/1/2025)
No dollar cap, but refund is mandatory if no screening happens or the unit is rented to someone else; charging fees for minors prohibited.
New Hampshire · RSA 540-A:3 (disclosure only)
No cap verified; written disclosure duties apply.
North Carolina · N.C.G.S. ch. 42 (no app-fee provision)
North Dakota · NDCC 47-16 (no provision)
Ohio · ORC 5321 (no provision)
Oklahoma · Okla. Stat. tit. 41 (no provision)
Pennsylvania · No state provision
Philadelphia (local): lesser of $50 or actual cost (Bill 250045).
South Carolina · S.C. Code §27-40 (no provision)
South Dakota · SDCL 43-32 (no provision)
Tennessee · T.C.A. 66-28 (no provision)
Texas · Tex. Prop. Code §§92.351–.3515
No cap, but the fee must be refunded if the landlord did not give notice of selection criteria (§92.3515).
Utah · Utah Code 57-22 (HB 182, eff. 5/7/2025)
Written disclosure required before charging a fee.
West Virginia · W. Va. Code ch. 37 (37-6A-1 only defines the term)
Wyoming · W.S. 1-21-1201 et seq. (no provision)
Method and sources
Compiled July 2026 from each jurisdiction's statute or official agency guidance — every row links its source. Illinois' actual-cost rule (765 ILCS 705, eff. 2025) converges across legal databases but the official ilga.gov text was unreachable during compilation; it is flagged in its row. Pending bills (Kentucky HB 295, Michigan HB 4770) are noted but not counted. Licensed CC BY 4.0 — cite freely with a link.
Related studies: security deposit limits ·eviction notice periods ·late rent notice.
Frequently asked questions
Is there a limit on rental application fees?
Depends on the state. Connecticut, Massachusetts, Rhode Island, Vermont ban application fees outright; California (CPI-adjusted (≈$66 in 2026)), Delaware (greater of 10% of monthly rent or $50), District of Columbia ($54 in 2026 (CPI-adjusted $50 base)), New Jersey ($50 (eff. 5/1/2026)), New Mexico ($50 screening fee (eff. 9/20/2025)), New York ($20 (or actual cost, whichever is less)), Virginia ($50 ($32 in HUD/public housing)), Wisconsin ($25 (credit report cost)) cap them; Colorado, Hawaii, Illinois, Maine, Oregon, Washington allow only the actual cost of screening. The remaining 33 states set no statewide cap — though several (Maryland, Minnesota, Nevada, Texas) impose refund duties.
Which states banned rental application fees?
Connecticut, Massachusetts, Rhode Island, Vermont. Connecticut and Rhode Island still allow charging the cost of an actual screening report in narrow cases; Massachusetts and Vermont are total bans for landlords.
What changed recently?
Two brand-new laws most guides still miss: New Jersey capped application fees at $50 effective May 1, 2026 (P.L.2025, c.405), and New Mexico capped screening fees at $50 effective September 20, 2025 (SB 267). Nevada also added mandatory refund rules effective October 2025.
My state has no cap — can the landlord charge anything?
Legally yes in most no-cap states, but market rates run $25-$75, and several no-cap states still regulate the practice: Texas requires a refund if selection criteria were not disclosed, Maryland returns unspent amounts over $25, and Minnesota and Nevada require refunds when no screening actually happens. Cities can also have their own caps (Philadelphia: $50; Boise: $30).
SealForms provides informational templates and statute summaries, not legal advice. Laws change — the linked statute is always the final word.