Application / Tenant-Screening Fee Refund Demand (Free Template + State Tiers)
A landlord charged you an application or tenant-screening fee, then either overcharged you, never ran the check, or won't say where the money went. Most states cap that fee at the landlord's actual cost, require an itemized receipt, and require a refund of whatever wasn't used. This letter cites your state's rule and demands the refund or the accounting.
the letter
Copy, customize, send.
[Your Full Name] [Address] [City, State ZIP] [Phone] [Email] [Date] [Landlord / Property Manager / Management Company Legal Name] [Address] cc: [Leasing agent / on-site manager, if different] Sent via certified mail, return receipt requested (Copy also emailed to [leasing email]) Re: Demand for refund and itemized accounting of application / tenant-screening fee — Property at [Address of unit applied for], application dated [Date] To whom it may concern: On [Date] I applied to rent [unit address / unit number] and paid you an application / tenant-screening fee of $[Amount] by [check / card / cash / Zelle], as shown on the attached [receipt / bank or card statement / cancelled check]. I am writing to demand [a refund of the overcharged or unused portion / a full refund / an itemized accounting of how this fee was spent], as required by law in my state. The facts: • Fee charged: $[Amount] per applicant • Date paid: [Date] • What happened next: [I was approved but the fee was never refunded / I was denied / I withdrew my application on (date) / the unit was already rented before you screened me / you never ran any credit or background check / you ran the check but charged far more than it cost] • Itemized receipt provided to me: [None / Incomplete — it did not break out the actual cost of the report and the time spent] Legal basis: [Pick the tier that matches your state — strike the others. See the State notes section for your exact citation.] [TIER A — Statutory dollar cap + mandatory itemized receipt + refund of the unused portion] Under [Cal. Civ. Code § 1950.6 / N.Y. Real Prop. Law § 238-a], a residential application / screening fee is capped by statute, the landlord must give the applicant a receipt itemizing the actual out-of-pocket cost of the report (and, in California, the time spent obtaining and processing the information), and the landlord must refund any portion of the fee that was not actually used to screen me. In California, if you did not perform a personal reference check or obtain a consumer credit report, the unused fee must be returned. In New York, the fee may not exceed the actual cost of the check or $20, whichever is less, you must give me a copy of the check and the invoice, and the fee must be waived if I supplied a report from the prior 30 days. [TIER B — Fee limited to the landlord's ACTUAL or AVERAGE cost + receipt + refund within a deadline] Under [Ore. Rev. Stat. § 90.295 / Colo. Rev. Stat. §§ 38-12-903 and 38-12-904 / Wash. Rev. Code § 59.18.257], you may charge no more than your actual (or average actual) cost of screening, you must give me a receipt, and you must refund any amount not used for screening. In Oregon, that refund is due within 30 days if you filled the unit before screening me or had not screened me before I withdrew in writing. In Colorado, you may not charge a fee unless the entire amount is used to process the application, you must provide a disclosure of anticipated expenses or an itemization of actual expenses, and any unused portion — or the full fee if either side declines to sign a lease — must be returned within 20 calendar days. In Washington, you were required to give me written notice of the screening criteria and the cost before charging, and the fee may not exceed the customary cost charged by a screening service in this area. [TIER C — Dollar cap and/or refund of the excess over the landlord's actual out-of-pocket cost] Under [Va. Code § 55.1-1203 / Md. Code, Real Prop. § 8-213], the fee is capped and you must return any amount that exceeds your actual out-of-pocket expenses, with an itemized list of those expenses, if I was not offered or did not take the unit. In Virginia, an application fee may not exceed $50 exclusive of actual out-of-pocket expenses, and any application deposit must be refunded — less your actual expenses and damages, itemized — within 20 days of my failure to rent or your rejection. In Maryland, if fees other than the security deposit exceed $25, you must return the excess over your actual costs, or you are liable for twice the amount of the fees. [DEFAULT — states with no specific screening-fee statute] My state does not separately cap screening fees, but you collected $[Amount] from me [and either never performed the screening, or kept the full amount while your actual cost was far lower]. I am entitled to an accounting of how the money was spent and a refund of any amount you did not actually use to screen me. Separately, if you denied my application based on a consumer report, federal law (the Fair Credit Reporting Act, 15 U.S.C. § 1681m) requires you to give me an adverse-action notice naming the consumer reporting agency you used, together with notice of my right to a free copy of that report and my right to dispute it. Please provide that notice. Demand: Within [14] days of receipt of this letter, please [refund $[Amount] / refund the unused portion of $[Amount] / provide a written itemized accounting of how the $[Amount] fee was spent, broken out into the actual cost of each report obtained and (where applicable) time spent, and refund any amount not used], by [check / the original payment method]. If you do not, I intend to pursue: • A complaint with [my state Attorney General's consumer-protection division / the state or local housing or landlord-tenant agency]; • The statutory remedies my state provides — for example, [Oregon: twice the screening charge plus $250 (ORS 90.295); Maryland: twice the amount of the fees (RP § 8-213); Washington: up to $100 plus court costs and attorney's fees (RCW 59.18.257)]; • A claim in small claims court for the amount owed plus any statutory penalty and costs. I would prefer to resolve this directly. Please treat this letter as a good-faith request to make it right. Sincerely, [Your Signature] [Your Printed Name] Enclosures: [proof of payment (receipt / bank or card statement / cancelled check); the rental application; any receipt or accounting you already gave me; any denial or "unit rented" notice; written withdrawal of application if applicable]
This template is for informational use only. It is not legal advice and does not create an attorney-client relationship. Square-bracketed placeholders must be replaced with your specific facts. State law and procedural details vary; if your situation is urgent, complicated, or high-stakes, email info@imfrustrated.org for a free conversation with a volunteer attorney before you send it.
how to use it
A few things before you send.
- 1Send by certified mail with return receipt requested, and email a copy to the leasing office. The certified-mail receipt proves delivery and the date — which matters because several states (OR, CO, MD, VA) run the refund deadline from a written event like your withdrawal or rejection.
- 2Attach your proof of payment. The single most important enclosure is whatever shows you paid the fee and how much: the receipt, the cancelled check, or the line on your bank/card statement. Without it the landlord can dispute the amount; with it, the number is their own record.
- 3Pick the right tier. Tier A (CA, NY) = hard statutory cap + mandatory itemized receipt + refund of the unused portion. Tier B (OR, CO, WA) = fee limited to the landlord's actual or average cost, with a refund deadline. Tier C (VA, MD) = dollar cap and refund of anything over the landlord's actual out-of-pocket cost. No state listed? Use the Default tier and lean on the accounting demand plus the FCRA adverse-action right.
- 4Highest-leverage move: demand the itemized accounting, not just the money. A landlord who charged $75 but paid a screening service $30 has to either produce a receipt proving the higher cost (they usually can't) or refund the difference. The accounting request flips the burden onto them and is the fact that wins in small claims.
- 5Top mistake to avoid: don't conflate the screening fee with your security deposit or first month's rent — those are governed by separate laws and different letters. This letter is only about the application / tenant-screening fee. Also don't set an unreasonable 48-hour deadline; 14 days reads as good-faith and still beats every statutory clock.
what the law actually says
Why this letter works.
A tenant-screening or rental-application fee is supposed to cover the landlord's real cost of running your credit and background check — typically $20 to $40 from a screening service. The abuse the statutes target is the gap between that cost and what landlords actually charge: collecting $50, $75, or $100 per applicant from a dozen people for a single unit, never refunding the unused money, and never showing where it went. There is no federal cap on screening fees and no federal refund requirement — the only federal lever is the Fair Credit Reporting Act, which governs what a landlord must tell you if a report is used against you, not what they may charge. The caps, the receipt requirements, and the refund duties are all creatures of state law, and they fall into three patterns.
Tier A states set a hard statutory cap and require both an itemized receipt and a refund of the unused portion. California Civil Code § 1950.6 is the anchor: the application screening fee may not exceed $30 per applicant (a figure adjusted annually for the Consumer Price Index since January 1, 1998, so the operative cap in 2026 is materially higher); the landlord must give the applicant a receipt that itemizes the out-of-pocket expenses and the time spent obtaining and processing the information; and if the landlord does not perform a personal reference check or obtain a consumer credit report, the landlord must return any amount of the fee not actually used. (The section as currently in force reflects AB 1170, operative January 1, 2026.) New York Real Property Law § 238-a, enacted by the 2019 Housing Stability and Tenant Protection Act, is even tighter: any background/credit-check fee is limited to the actual cost or $20, whichever is less; the landlord must give the applicant a copy of the check and the screening company's receipt or invoice; and the fee must be waived entirely if the applicant provides a check conducted within the prior 30 days.
Tier B states cap the fee at the landlord's actual (or average actual) cost and impose a refund deadline. Oregon Revised Statutes § 90.295 (last amended 2023) limits the applicant-screening charge to the landlord's average actual cost or the customary tenant-screening-company amount, requires a receipt, and requires a refund within 30 days if the landlord fills the unit before screening the applicant or has not screened the applicant before the applicant withdraws in writing — with a remedy of twice the charge plus $250. Colorado's Rental Application Fairness Act (C.R.S. §§ 38-12-903 to 904) bars charging a fee at all unless the entire amount is used to cover the cost of processing the application, requires a disclosure of anticipated expenses or an itemization of actual expenses plus a receipt, and requires that any unused portion — or the full fee if either party declines to enter the lease — be refunded within 20 calendar days. Washington's RCW 59.18.257 requires the landlord to give written notice of the screening criteria and the cost before charging, caps the landlord's own screening fee at the customary cost charged by a screening service in the area, and exposes a violating landlord to up to $100 plus court costs and reasonable attorney's fees.
Tier C states impose a dollar cap and require refund of the excess over the landlord's actual out-of-pocket cost. Virginia Code § 55.1-1203 limits a rental application fee to $50 exclusive of actual out-of-pocket expenses ($32 for HUD/public housing), and requires that any application deposit be refunded — less the landlord's actual expenses and damages, with an itemized list — within 20 days of the applicant's failure to rent or the landlord's rejection. Maryland Real Property § 8-213 provides that if fees other than the security deposit exceed $25, the landlord must return the excess over actual out-of-pocket costs (e.g., the credit-check cost) or be liable for twice the amount of the fees. Everywhere else — the default — there is no screening-fee statute, but two levers remain: a demand for an itemized accounting (a landlord who collected far more than the report cost and kept it is exposed to an unjust-enrichment / small-claims theory), and the FCRA's adverse-action requirement under 15 U.S.C. § 1681m, which forces a landlord who denied you based on a consumer report to name the reporting agency and tell you how to get a free copy and dispute it.
state variations
What changes by state.
Not a comprehensive list. Confirm your state’s current statute before sending.
- California (Tier A)
- Cal. Civ. Code § 1950.6. Fee capped at $30/applicant, CPI-adjusted since 1/1/1998 (materially higher in practice by 2026); landlord must give a receipt itemizing out-of-pocket expenses AND time spent; must refund the unused portion if no personal reference check or consumer credit report was performed. Section currently in force reflects AB 1170, operative 1/1/2026.
- New York (Tier A)
- N.Y. Real Prop. Law § 238-a (HSTPA 2019). Background/credit-check fee limited to actual cost or $20, whichever is less; must provide a copy of the check + the screening company's receipt/invoice; fee waived if applicant supplies a check from the prior 30 days. (Co-op shareholder applicants are a carve-out.)
- Oregon (Tier B)
- Ore. Rev. Stat. § 90.295 (amended 2023). Charge may not exceed the landlord's average actual cost or the customary screening-company amount; receipt required; refund within 30 days if the unit was filled before screening, or the applicant withdrew in writing before any screening. Remedy: twice the charge + $250.
- Colorado (Tier B)
- Colo. Rev. Stat. §§ 38-12-903, 38-12-904 (Rental Application Fairness Act). No fee unless the entire amount covers processing costs; must give a disclosure of anticipated expenses or itemization of actual expenses + a receipt; refund the unused portion — or the full fee if either party declines to sign — within 20 calendar days; uniform pricing required.
- Washington (Tier B)
- Wash. Rev. Code § 59.18.257 (amended 2016). Landlord must give written notice of screening criteria and the cost BEFORE charging; own-screening fee capped at the customary cost charged by a screening service in the area. Violation of the notice rule: liable up to $100 plus court costs and reasonable attorney's fees.
- Virginia (Tier C)
- Va. Code § 55.1-1203 (amended 2020). Application fee may not exceed $50 exclusive of actual out-of-pocket expenses ($32 for HUD/public housing). Any application deposit must be refunded — less actual expenses/damages, with an itemized list — within 20 days of failure to rent or rejection (10 days for cash/certified funds).
- Maryland (Tier C)
- Md. Code, Real Prop. § 8-213. If fees other than the security deposit exceed $25, the landlord must return the excess over actual out-of-pocket costs (e.g., the credit-check cost) or be liable for twice the amount of the fees.
- All other states (Default)
- No specific screening-fee statute. Lever 1: demand an itemized accounting and refund of any amount not used to screen you (unjust-enrichment / small-claims theory). Lever 2: if denied based on a report, the FCRA (15 U.S.C. § 1681m) requires an adverse-action notice naming the consumer reporting agency + your right to a free copy and to dispute it. Some cities (e.g., Seattle, certain CA localities) add their own caps — check local rules.
if this doesn’t work
Your next move.
If the landlord ignores the demand, the next step is cheap and usually decisive. File a complaint with your state Attorney General's consumer-protection division or the state/local landlord-tenant agency — these are free and many states route screening-fee abuses through them. Then use small claims court: screening-fee disputes are small-dollar by design, no lawyer is needed, and several states stack a statutory bonus on top of the refund (Oregon: twice the charge + $250 under ORS 90.295; Maryland: twice the fees under RP § 8-213; Washington: up to $100 + costs + attorney's fees under RCW 59.18.257), which often makes the claim worth more than the fee itself. Watch the clock: most state consumer and contract claims carry a statute of limitations of 2 to 6 years, but the practical window is shorter because the landlord's records and the screening-service invoice get harder to pin down over time — file within a few months while the paper trail is fresh.
questions people ask
FAQ.
The landlord says the fee is "non-refundable." Does that end it?
No. In states that cap the fee at actual cost and require refund of the unused portion (CA § 1950.6, NY § 238-a, OR § 90.295, CO §§ 38-12-903/904), a "non-refundable" label can't override the statute — any amount above the landlord's real screening cost, or the whole fee if no check was ever run, must come back. A contract term can't waive a protection the legislature made mandatory.
They never actually ran my credit or background check. Can I get the whole fee back?
Usually yes. California § 1950.6 expressly requires the landlord to return the fee if no personal reference check or consumer credit report was obtained. Oregon § 90.295 requires a refund within 30 days if you weren't screened before withdrawing or before the unit was filled. Even in no-statute states, charging for a service never performed is the cleanest possible unjust-enrichment / small-claims case.
How much can a landlord legally charge?
It depends on the state. New York caps it at the actual cost or $20, whichever is less. California caps it at $30 adjusted for inflation since 1998 (higher in practice now). Oregon, Colorado, and Washington limit it to the landlord's actual or customary cost. Virginia caps it at $50 plus actual out-of-pocket expenses. Maryland triggers a refund duty above $25. Most other states set no cap — which is exactly why demanding an itemized accounting matters.
I was denied the apartment. Am I owed anything?
The screening fee covers the cost of running the check, so a denial alone doesn't automatically refund it where the check was actually performed. But you're owed any amount above the landlord's real cost in capped states, and you're owed an adverse-action notice under the FCRA (15 U.S.C. § 1681m) — the landlord must tell you which consumer reporting agency they used so you can get a free copy and dispute any error that caused the denial.
What if the landlord collected fees from a dozen people for one unit?
That's the core abuse these statutes target. In actual-cost states, each applicant is owed any amount above what their own report cost. Colorado's Rental Application Fairness Act bars charging a fee at all unless the entire amount goes to processing that application, and requires a refund within 20 days. Document what you paid, demand the itemized accounting, and if it doesn't come, small claims plus a consumer-protection complaint is the path.
Nervous about sending it yourself?
we’ll read it over with you.
Email the situation and a volunteer attorney will respond. No commitment, no invoice, no judgment — just an honest second pair of eyes from someone who actually understands the law.
info@imfrustrated.org