Introduction: If you own a rental property in in Carlsbad, Encinitas, Oceanside, or anywhere in North County San Diego it’s critical to stay on top of new legislation that affects how you manage your properties. One of the most important updates in 2025 is Assembly Bill 2493 (AB 2493), a new law that directly changes the rules around charging application screening fees.
Effective January 2025, AB 2493 introduces stricter standards for how and when landlords can charge application fees, how those applications are processed, and what disclosures and refunds are required. In short, the way landlords used to handle rental applications may no longer be compliant.
Let’s walk through what’s changed and how to protect yourself from liability while still screening tenants effectively.
AB 2493 is an update to California Civil Code §1950.6. This law governs the collection and use of application screening fees the amount landlords charge prospective tenants to cover the costs of running background checks, credit reports, and verifying rental history.
Historically, landlords could charge a fee (adjusted annually for inflation, currently capped at just over $62 per applicant) as long as it didn’t exceed the actual cost of screening. That part hasn’t changed.
What has changed is that landlords must now choose one of two approved processes to legally collect that screening fee. The goal of the legislation is to protect applicants from paying for screenings that are never completed or were never seriously considered while still allowing landlords to cover legitimate costs.
This option is ideal for landlords who want a highly structured and transparent screening process and who are comfortable following strict rules about application order.
Here’s what you must do under this method:
The second option allows you to review applications in any order and select the most qualified tenant based on your own criteria—including move-in timing, income-to-rent ratio, and communication responsiveness.
But there’s a catch:
Even if you’re following one of the two approved screening methods, there are other new requirements to be aware of:
Under AB 2493, it is illegal to charge an application fee unless there’s a current or soon-to-be-available rental unit. If you collect a fee and don’t have a unit available and don’t disclose that fact you could face a legal challenge.
The only exception is if the applicant signs a written agreement acknowledging that the unit is not currently available and still consents to pay the fee.
Previously, applicants had to request a copy of the credit report you pulled as part of the screening process. Now, the law requires that landlords automatically send a copy within 7 days of receiving it by email, mail, or in person. This step promotes transparency and gives the applicant the opportunity to correct any inaccurate information that may have affected your decision.
Some applicants may submit a reusable tenant screening report, which typically includes credit, background, and rental history. These are often created through services like RentSpree and are valid for 30 days.
AB 2493 does not eliminate the use of these reports. If an applicant provides one, and you agree to accept it, you may not charge a screening fee since you didn’t incur any screening costs.
With all these new rules in place, what should you do as a landlord?
Here’s a short checklist:
Failure to comply with AB 2493 could result in disputes, financial penalties, or fair housing violations.
At Raintree Property Management, we handle every step of the tenant screening process for our clients in Carlsbad, Encinitas, Oceanside, and throughout North County San Diego. We follow all state and federal housing laws, including AB 2493, to protect our property owners from risk.
Our process includes:
Whether you’re managing a single property or a growing portfolio, AB 2493 adds another layer of compliance that landlords need to navigate. Don’t take chances with vague processes or outdated forms.
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