Tenant background check in California

Disclaimer: This article is not legal advice. We encourage you to consult a local real estate attorney for guidance on this or any other legal topic. 

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Screening tenants helps you understand who you're renting to before you sign a lease. A background check can give you a clearer view of an applicant's credit history, criminal record, eviction history, and income so you can evaluate each application using the same criteria.

If you own a rental in California, there are also state and local rules to keep in mind as you screen. California limits application screening fees, restricts how certain criminal and credit information can be used, and requires specific disclosures during the process. Some cities have additional tenant screening rules of their own.

Knowing those requirements upfront can help you set up a screening process that works for your rental and follows California law. This guide covers what a California tenant background check includes, the rules that apply at each stage, how to review the results, and how RentSpree can help you manage screening from application to decision.

What a California tenant background check includes

Tenant screening typically includes three reports: credit history, criminal history, and eviction history. You can also add income verification to confirm the income an applicant reports.

Here's what you can learn from each part of the background check and the California rules that affect it.

Credit history

A credit report shows how an applicant has managed financial obligations over time. It can include open accounts, payment history, outstanding balances, collections, and other credit information.

You'll also typically see a credit score. Keep in mind that different scores are designed for different purposes. FICO scores, for example, were created for lending decisions. TransUnion's ResidentScore® is designed specifically for tenant screening and gives more weight to housing-related factors. RentSpree includes ResidentScore® with every tenant screening.

California has an important restriction on credit history. Under state law, if an applicant receives a government rental subsidy, you can't use their credit history as a reason to deny their application. This applies to government subsidies broadly, not only Section 8 vouchers.

Criminal background check

A criminal background check searches national databases, including sex offender registries, Most Wanted lists, and OFAC watchlists, along with local court records where available.

Not every jurisdiction makes its records available electronically, so a criminal background check may not capture every record. Criminal history is also only one part of an application and should be reviewed alongside the other information you're permitted to consider.

California limits what can appear on these reports. Under the Investigative Consumer Reporting Agencies Act (ICRAA), most criminal convictions can only be reported for seven years, and arrests that didn't result in a conviction can't be reported.

Local rules may go further. Oakland, Berkeley, San Francisco, and Richmond have Fair Chance Housing ordinances that place additional restrictions on criminal history screening for certain types of rental housing. Consult a local real estate agent or attorney for more information.

Eviction history

An eviction report shows court records related to previous eviction cases, including filings and judgments.

A filing doesn't necessarily mean a tenant was evicted. A case may have been settled, dismissed, or resolved before a judgment was entered. Looking at the outcome of a case gives you more context than the filing alone.

California also limits what can appear in an eviction report. ICRAA generally limits eviction reporting to seven years, and unlawful detainer cases where the tenant prevailed or that ended in a settlement agreement can't be reported.

Income verification

Income verification helps you confirm whether an applicant's income supports the information provided on their application.

One option is to review documents such as pay stubs and bank statements. But falsified income documents have become a common challenge for rental housing providers. According to the National Multifamily Housing Council, more than 93% of rental housing providers report experiencing fraud. Among those providers, 84% have encountered falsified income documentation.

Bank-verified income verification provides another way to check income. Instead of relying on documents uploaded by the applicant, it pulls deposit history directly from the applicant's financial institution through Finicity, a Mastercard company. RentSpree's income verification can show up to 18 months of deposit history.

You can add bank-verified income verification to any RentSpree screening for $10, typically paid by the applicant.

How to run a compliant tenant background check in California

Tenant screening is governed by federal fair housing and consumer reporting laws, but California adds its own requirements. You'll need to account for those rules when you set your criteria, collect applications, order reports, and make a decision.

Here's what to know at each stage.

Know the fair housing rules that apply

The federal Fair Housing Act prohibits housing discrimination based on seven protected classes:

• Race
• Color
• Religion
• Sex
• National origin
• Disability
• Familial status

California's Fair Employment and Housing Act (FEHA) adds additional protected classes. Those that can come up during tenant screening include:

• Source of income
• Immigration status
• Sexual orientation and gender identity
• Marital status

One California rule has a direct effect on the reports you can use. Under SB 267, you can't use credit history to deny an applicant who receives a government rental subsidy. The protection applies broadly to government subsidies, not only Section 8 vouchers.

RentSpree accounts for this during screening. If an applicant indicates that they receive a government subsidy, a credit report isn’t generated. The applicant is able to provide alternative evidence of their ability to pay.

California also has a narrower small-landlord exemption than federal law. Under FEHA, the exemption applies only to an owner-occupied single-family home rented to a single roomer or boarder. The owner still can't use discriminatory advertising.

Whatever criteria you use, apply them consistently to applicants and keep them tied to the requirements of the tenancy.

Set your screening criteria before you list

Decide how you'll evaluate applications before you begin accepting them. Your tenant screening criteria might cover credit, income-to-rent ratios, rental history, and how you'll evaluate criminal records where permitted.

In California, putting those criteria in writing is required.

Under AB 2493, landlords must provide their written screening criteria when an applicant applies. Applications must also be reviewed in the order they're received, with the tenancy offered to the first applicant who meets the stated criteria.

RentSpree lets you share your screening criteria alongside your listing details, so applicants can see the requirements before they apply.

Stay within California's application fee cap

California limits how much landlords can charge applicants for screening. As of 2026, the maximum is $65.86 per applicant in California, with the cap adjusted annually based on CPI. The fee must reflect your actual out-of-pocket screening costs, and you can only charge it when a unit is available or will be available within a reasonable amount of time.

California also ties fee requirements to how you process applications.

If you review applications in the order received and approve the first applicant who meets your criteria, you don't have to refund fees to applicants who didn't qualify. If you don't follow that process, you must refund the full screening fee to every unselected applicant within seven days of your decision or 30 days of receiving the application.

You're also required to provide each applicant with a copy of their credit report within seven days.

California landlords must accept a valid portable tenant screening report under AB 2559 if it's complete and less than 30 days old. If an applicant provides one, you can't require them to pay for another screening report.

RentSpree screening costs $39.99 per applicant for credit, criminal, and eviction reports, or $49.99 with bank-verified income verification. Both are below California's 2026 fee cap. The applicant typically pays the screening fee, although you can choose to cover it yourself.

Get written consent before screening

You need an applicant's permission before ordering their screening reports.

The federal Fair Credit Reporting Act requires signed consent to pull credit and background reports. California's Investigative Consumer Reporting Agencies Act (ICRAA) adds a separate written disclosure notifying the applicant that an investigative consumer report may be requested and that they have the right to request a copy.

You must also notify the applicant within three days of requesting the report, certify to TransUnion that the disclosure was provided, and make the ICRAA notice available after the report is generated.

RentSpree captures FCRA consent and the ICRAA disclosure as part of the online application. Before you open reports in your dashboard, you'll also be prompted to confirm that the required disclosures were provided.

Review all reports together

A screening report gives you several pieces of information about an applicant. Review them together rather than letting one number or record determine your decision.

Federal fair housing guidance calls for an individualized assessment. In practice, that means looking at the context around the information in the report and applying the same screening criteria to each applicant.

A tenant screening checklist can also help you follow the same process from one application to the next.

There is one California-specific exception to keep in mind. If an applicant receives a government rental subsidy and provides alternative evidence of their ability to pay, their credit report won't be included in the screening package. You can instead review the other information you're permitted to consider, including eviction history, criminal history where allowed, income verification, and the alternative documentation provided.

Evaluate criminal history under California's restrictions

California limits both what criminal history can be reported and how landlords can use it.

State-level restrictions. Under ICRAA, reporting agencies can't include criminal convictions older than seven years or arrests that didn't result in a conviction.

AB 1418 also prohibits blanket policies that treat any criminal record as automatic grounds for denial. The law prohibits landlords from participating in local government programs that require them to screen out or evict tenants based on criminal history as a condition of an agreement.

California doesn't have a statewide requirement to make a conditional offer before reviewing criminal history in housing. However, federal guidance from HUD still calls for landlords to consider factors such as the nature, severity, and recency of a conviction rather than relying on blanket exclusions.

City-level restrictions. Some California cities have additional rules:

• Oakland and Berkeley restrict how criminal records can be used for most private and public rental housing. Both exempt owner-occupied single-family homes, duplexes, triplexes, and accessory dwelling units. A landlord can check the state lifetime sex offender registry only after making a conditional offer, getting written consent, and giving the applicant a chance to respond to the results.
• San Francisco and Richmond have similar restrictions that apply to affordable or publicly subsidized housing rather than the private rental market broadly.

If your rental is in one of these cities, check the local ordinance to see which requirements apply to your property.

Send the required denial notice

If information in a screening report leads you to deny an application or offer less favorable terms, federal law requires you to send an adverse action notice.

The notice must include the reason for the decision, the name and contact information of the reporting agency, and information about the applicant's right to get a free copy of the report and dispute inaccurate information.

If a credit score was part of your decision, the notice must also include the score, its source, the scoring range, and the key factors that affected it.

ICRAA adds another California-specific requirement: applicants must also be informed of their right to request a copy of the screening report used in the decision.

RentSpree generates the required notice when you accept, conditionally accept, or deny an applicant from your dashboard.

How to evaluate your California tenant background check results

Once you have the reports, go back to the screening criteria you set at the beginning of the process. Here's what to look for in each part of the background check.

What to look for in the credit report 

Don't stop at the credit score. Look at the information behind it, including payment history, outstanding balances, collections, and whether financial issues are recent or farther in the past.

It can also help to understand which score you're looking at. FICO was designed primarily for lending decisions. TransUnion's ResidentScore® was developed specifically for tenant screening and gives more weight to housing-related payment behavior. RentSpree includes ResidentScore® in its credit reports.

What to look for in criminal records 

California law already limits what can appear in the criminal history portion of a screening report. ICRAA generally excludes convictions older than seven years and arrests that didn't result in a conviction.

When reviewing the information that does appear:

• Look at the outcome. A filing, dismissed case, and conviction don't mean the same thing.
• Consider when it happened. HUD guidance calls for considering the recency of a conviction along with its nature and severity.
• Review it in context. Criminal history is one part of the application and should be considered alongside the other information you're permitted to use.

Local restrictions may further limit what you can review or consider, so check the rules where your rental is located.

What to look for in eviction records 

An eviction report shows court proceedings, so look beyond whether a record simply appears.

Check what the case involved, when it occurred, and how it ended. A filing that was dismissed or resolved before judgment is different from a judgment against a tenant.

California's ICRAA generally limits eviction reporting to seven years and excludes unlawful detainer cases where the tenant prevailed or that ended in a settlement agreement.

What to look for in income verification documents

If you added bank-verified income verification, you can review deposit history directly from the applicant's financial institution. Look at the amount and consistency of deposits and compare the verified income with the income criteria you provided when the applicant applied.

If you're reviewing applicant-provided documents instead, compare information across pay stubs, bank statements, and other materials for consistency. Differences in figures, formatting, or other details can be a reason to verify the information further rather than relying on a single document.

Screen California tenants from application to decision

Tenant screening in California starts with the same basic information landlords use elsewhere: credit, criminal history, eviction history, and, when requested, income verification. The difference is in the rules around how you collect and use that information.

California caps screening fees, requires written screening criteria, adds ICRAA disclosure requirements, limits certain criminal records, and restricts the use of credit history for applicants who receive government rental subsidies. Local rules can add another set of requirements depending on where your rental is located.

RentSpree helps you manage those steps in one place. You can collect applications and consent, request TransUnion credit, criminal, and eviction reports, add bank-verified income verification, and make screening decisions from your dashboard. California-specific steps, including ICRAA disclosures and adjustments for applicants receiving government rental subsidies, are built into the process.

RentSpree is free for landlords and agents to use. Screening costs $39.99 per applicant, or $49.99 with bank-verified income verification, and is typically paid by the applicant.

Frequently asked questions

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