RentSpree is providing this summary as a courtesy. It should not be construed as legal advice. Please consult your attorney for further information.
California Civil Code Section 1950.6, as amended by Assembly Bill 2493 (AB-2493), brought about important changes to how screening criteria for prospective tenants are handled. These amendments were designed to improve transparency and fairness in the rental application process. The full text of the law is available here. Below are a few key components of the updated law:
- First-Come, First-Served: Applications must be reviewed in the order received, ensuring no later applicant is unfairly prioritized.
- Written Screening Criteria: Landlords must provide written screening criteria at the time of application, ensuring transparency about how decisions are made.
- First Qualified Applicant: The first applicant who meets the screening criteria must be offered the tenancy.
- No Advance Fees: Application fees may only be charged when actively processing an application.
- Refunds for Errors: If fees are collected due to processing errors or simultaneous applications, landlords must issue refunds within 7 days.
- Exceptions for Alternate Properties: Fees can be retained if a tenant agrees to apply for a different unit but does not qualify for that unit.
- Receipt. The landlord or agent must provide to applicant a receipt for the fee paid by the applicant, which itemizes the out-of-pocket expenses and time spent by the landlord or agent to obtain and process information about the applicant. The landlord or agent and the applicant may agree to have the landlord provide the receipt by email.
Staying Compliant
RentSpree simplifies compliance with California Civil Code Section 1950.6 by offering multiple screening options to help you find the right tenant. You can invite potential applicants via email, text, or by sharing an ApplyLink.
You can also create a Listing Page on RentSpree to share your screening criteria along with other listing details. Click here to find a sample document of screening criteria.
Moreover, please note that applicants who are denied for not meeting the screening criteria are not eligible for a refund.
At any time, you can disable screening for your listing by visiting the property page on your dashboard.
Refunds for Errors
RentSpree equips you with the tools needed to stay compliant with California rules and regulations. However, it is the responsibility of the agent or landlord to screen potential tenants in accordance with all relevant laws.
If an error occurs, the agent/landlord is required to reimburse the applicant directly.