How much can a landlord charge for a rental application fee?
It depends on your state, and the range is wide. Vermont bans application fees outright, New York allows only the lesser of the actual cost of a background and credit check or $20, Virginia caps the fee at $50 plus third-party screening costs, and Delaware allows the greater of 10 percent of the monthly rent or $50. Where no cap exists, the safe rule is to charge no more than what screening actually costs you.
The limits in seven states
These are the rules as written in each state's statute. Cities can add their own limits, so treat this as a starting point and check your local code too.
| State | What the law allows | Statute |
|---|---|---|
| Vermont | No application fee for a residential unit | 9 V.S.A. 4456a |
| New York | No fee to process or review an application; a background and credit check fee of the actual cost or $20, whichever is less | Real Property Law 238-a |
| Massachusetts | At or before move-in, only first month's rent, last month's rent, a deposit up to one month's rent, and the cost of a new lock and key | G.L. c. 186, s. 15B |
| Virginia | Up to $50, plus actual out-of-pocket costs paid to a third party for background and credit checks; $32 for HUD-regulated units | Va. Code 55.1-1203 |
| Delaware | The greater of 10 percent of the monthly rent or $50, with a receipt | 25 Del. C. 5514(d) |
| Washington | The cost of a screening report, only after a written notice of what you check and why you may deny | RCW 59.18.257 |
| Oregon | No more than your average actual cost of screening, one charge per applicant in any 60 days | ORS 90.295 |
Sources: Vermont, New York, Massachusetts, Virginia, Delaware, Washington, Oregon.
The details that trip owners up
New York: the 30-day waiver and the receipt
If an applicant hands you a background or credit check done within the past 30 days, New York says you must waive your fee. And you can collect the fee only if you give the applicant a copy of the check plus the receipt or invoice from the company that ran it. A flat "$20 screening fee" with no receipt does not meet the rule.
Virginia: fee and deposit are different things
Virginia separates a nonrefundable application fee from a refundable application deposit. If you take a deposit and the applicant does not rent the unit or you reject them, you must refund it, minus actual expenses and damages with an itemized list, within 20 days, or within 10 days when you rejected them and they paid in cash, certified check, cashier's check or postal money order. A version of the section taking effect July 1, 2027 also requires you to disclose the amount and whether it is refundable before you collect anything.
Delaware: keep records for two years
Delaware requires a receipt for the full amount and records of application fees kept for at least two years. A landlord who demands more than the cap owes the tenant double the amount charged.
Oregon: refunds and one charge per 60 days
Oregon requires written screening criteria before you accept the charge. You must refund it within 30 days if you fill the unit before screening that applicant, or if they withdraw in writing before you screen. And an applicant who applies to three of your units in a month pays one screening charge, not three.
Washington: the reusable report question
Washington requires your notice to say whether you accept a comprehensive reusable tenant screening report. If you accept one, you may still order your own report, but you cannot charge the applicant for it.
Worked numbers
Example a made-up owner rents a one-bedroom for $1,300 in Delaware. Ten percent of the rent is $130, which is greater than $50, so the fee may be up to $130. The same unit in Virginia could carry a $50 fee plus the $35 the screening company actually charges, or $85 in total. In New York, if the check costs the owner $28, the most the applicant can be charged is $20, and nothing at all if they bring a report from the past 30 days.
Example a made-up Oregon owner pays $40 per screening on average. Two applicants pay $40 each on Monday. The owner signs a lease with the first applicant on Tuesday before ordering the second report. The second applicant gets the full $40 back within 30 days.
If your state has no cap
Many states set no dollar limit. That does not make any fee fine. A fee well above your screening cost looks like profit on people you turn away, and some cities set their own limits. A simple, defensible policy works anywhere:
- Charge the same fee to every adult applicant for the same unit.
- Set it at what your screening actually costs, and keep the invoice.
- Hand out your written screening criteria before you take money, so people can decide not to apply.
- Take fees only while the unit is truly available, and refund anyone you never screen.
- Accept a recent report the applicant already has, where your state requires it or where it costs you nothing.
For the rest of the screening steps, including consent and the adverse action notice, see the tenant screening checklist.
How DoorKeeping handles it
DoorKeeping is $2 per unit per month with every feature included, and tenants and owners pay nothing else to DoorKeeping. You run your buildings by asking Claude or ChatGPT, and any step involving money or a legal decision waits for your one-tap approval. DoorKeeping does not give legal advice, so check your state and city fee rules with your own attorney.
Sources
- Vermont Statutes, 9 V.S.A. 4456a, application fees, read Oct 29, 2026
- New York Real Property Law 238-a, fees and charges, read Oct 29, 2026
- Massachusetts General Laws chapter 186, section 15B, read Oct 29, 2026
- Code of Virginia 55.1-1203, application fees and deposits, read Oct 29, 2026
- Delaware Code title 25, chapter 55 (section 5514), read Oct 29, 2026
- Washington RCW 59.18.257, screening of prospective tenants, read Oct 29, 2026
- Oregon Revised Statutes chapter 90 (ORS 90.295), read Oct 29, 2026
Questions
- Is a rental application fee refundable?
- Often not, but some states require refunds in set cases. Oregon refunds within 30 days if you fill the unit before screening the applicant, and Virginia refunds a separate application deposit within 20 days.
- Can I charge each adult on the application a fee?
- Usually yes where fees are allowed, since each adult is screened. Charge the same amount to every adult applicant, and stay within your state's cap per applicant.
- Which states ban rental application fees?
- Vermont bans them for residential units, and Massachusetts limits move-in charges to first and last month's rent, a deposit and a lock. Check your own state and city, since rules change.