Can a Landlord Keep My Application Fee If I'm Denied?
You applied, got denied, and they kept the fee. Whether that's allowed depends entirely on your state — and on whether they actually ran a screening.
Key takeaway
Several states require a refund if the landlord didn't run a check, rented to someone who applied earlier, or charged above their actual cost. Some states ban application fees entirely.
When you're owed a refund
- They never screened you — many states require the fee back.
- They charged above actual cost — actual-cost states make the overage refundable.
- They picked an earlier applicant — some states require a refund.
- Your state bans fees (e.g., Massachusetts, Vermont) — the whole fee is unlawful.
How to get it back
- Check your state's rule on the fee checker.
- Send a statute-cited refund letter demanding the refund and an itemized receipt.
- If they refuse, report it to your state Attorney General.