California Tenant Screening Laws: Complete Guide

Tenant Screening Laws in California: Compliance Guide for Landlords

Navigate California's complex tenant screening regulations. Learn what you can and cannot ask, how to handle criminal background checks legally, and ensure your screening process complies with fair housing requirements.

Updated January 2026

13 min read

California has some of the nation's most restrictive tenant screening laws. What's permissible in other states may violate California law, exposing landlords to discrimination claims and penalties. This guide covers the legal requirements every California landlord must follow when screening prospective tenants.

Application Fee Regulations

California Civil Code Section 1950.6 strictly regulates application fees. You may only charge actual out-of-pocket costs for screening, up to a statutory maximum (approximately $60 in 2026, adjusted annually). Fees must be itemized showing what costs are covered. You cannot charge application fees if no units are available. Fees are non-refundable only if you actually conduct screening.

Criminal Background Check Restrictions

California significantly limits how criminal history can be used in tenant screening. You cannot automatically reject applicants based on criminal history—blanket policies violate fair housing law. You cannot consider arrests that didn't result in conviction. Most convictions older than 7 years cannot be considered. You must conduct individualized assessment of any criminal history.

The Individualized Assessment Process

If criminal history is discovered, California requires landlords to consider the nature and severity of the offense, time elapsed since the offense, evidence of rehabilitation, and whether the offense relates to tenancy qualifications. You must provide applicants opportunity to explain circumstances before making decisions based on criminal history.

Important: Drug-related convictions cannot be used to automatically reject applicants. Only current illegal drug use (not past use or convictions) may be considered, and even then requires individualized assessment.

Source of Income Protections

California prohibits discrimination based on source of income. You cannot refuse to accept applications from Section 8 voucher holders, reject applicants because income comes from government benefits, or treat applicants differently based on whether income is from employment, investments, or assistance programs. Voucher holders must still meet your other legitimate screening criteria, but the voucher itself cannot be grounds for rejection.

Fair Housing Compliance in Screening

All screening criteria must be applied consistently to every applicant. Selective enforcement—applying stricter standards to some applicants—constitutes discrimination even if criteria themselves seem neutral.

Document your criteria: Establish written screening standards before advertising. Include minimum credit score or credit criteria, income requirements (typically 2.5-3x rent), rental history requirements, and any other objective criteria. Apply these standards identically to every applicant.

Questions You Cannot Ask

California fair housing law prohibits questions about race, religion, national origin, or ethnicity; marital status or family planning; disability or medical conditions; sexual orientation or gender identity; citizenship or immigration status (with limited exceptions); and age (except to verify legal capacity to contract).

Adverse Action Requirements

When rejecting an applicant based on screening results, federal and California law require adverse action notices. These must identify the screening company that provided the report, explain the applicant's right to dispute information, and provide contact information for the reporting agency. You must provide this notice even if the rejection was based on factors other than the screening report.

Record Retention

Maintain screening records for all applicants—both accepted and rejected—for at least three years. These records may be needed to demonstrate consistent, non-discriminatory application of criteria if complaints arise.

Professional Screening Advantage: California's screening laws are complex and frequently updated. Professional property managers use compliant screening processes, maintain proper documentation, and stay current on legal changes—significantly reducing discrimination risk compared to DIY screening.

Tenant screening in California requires balancing the need to find qualified tenants with strict legal requirements protecting applicants. When in doubt about a specific situation, consult with a fair housing attorney before taking action.