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A California rental application is a real estate form used as a means to collect all of an applicant’s information to help a landlord find the most optimal prospective tenant. Not only does a California rental application make the process of finding a tenant simpler and more efficient, but it also helps the potential applicant by ensuring that the landlord collects information from everyone in a uniform and non-discriminatory fashion.
The California rental application allows landlords to verify a prospective tenant's background information and credit history before signing a lease agreement. California landlords were originally able to charge a maximum application fee of $30; the fee has been adjusted annually with the Consumer Price Index (CPI). Applicants may also be asked to pay providers directly for screening services.
The application fee is non-refundable, unless portions of the fee are not used in the screening process. The landlord must provide the applicant with an itemized receipt showing how the application fee was used in the screening process; unused portions of the application fee must be refunded to the prospective tenant.
Further, If a rental unit will not be available within a reasonable amount of time, the landlord may not charge an application fee unless the applicant agrees to the fee in writing.
If a landlord in California runs a credit check on a prospective tenant, the landlord must provide a copy of the report to the applicant upon request. If the prospective tenant does not make the credit report available to the landlord, the landlord can refuse to accept the application.
Landlords in California may inquire about smoking status on the rental application and are allowed to deny occupancy to a prospective tenant based on that information.
California landlords may NOT ask the following questions on a rental application:
The rental application should include the following sections:
California Department of Fair Employment and Housing
Coalition for Economic Survival
In California, a landlord may not demand more than two (2) months rent for unfurnished residential property. For furnished rentals, a landlord may not demand more than three (3) months rent for a security deposit (Cal. Civ. Code §§1950.5, 1940.5(g)).
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