How Tenant Screening Works for San Diego Rentals

Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 21, 2026.

Tenant screening for a San Diego rental means applying the same written criteria to every applicant, checking income, credit, rental history and identity within California's limits, and documenting the decision. The rules come almost entirely from state law, so they are the same in the City of San Diego, Chula Vista, Imperial Beach and the unincorporated County: application fees are capped, source of income (including housing vouchers) is protected, and criminal history can be used only in narrow ways. Screening matters more here because, inside the City of San Diego, just cause protection starts on the first day of a tenancy.

Key takeaways

• Write your criteria down before you advertise and apply them the same way to everyone; California fair housing law protects source of income and military or veteran status, among other traits (Gov. Code § 12955).
• As of October 2026, application fees can't exceed actual cost and are capped at $30 adjusted for inflation since 1998, about $60 to $66 in 2026 (Civ. Code § 1950.6).
• When a government rent subsidy is involved, income standards must use the tenant's share of the rent, and the applicant may offer alternatives to a credit history (Gov. Code § 12955(o)).
• Criminal history is governed by state Fair Chance housing regulations (2 CCR §§ 12264 to 12271): no blanket bans, and only directly related convictions may be weighed.
• A denial or conditional approval based on a screening report triggers written adverse action notices.

Why screening carries extra weight in San Diego

In most of California, a landlord can end a month-to-month tenancy without stating a reason during the first 12 months, because state just cause (Civ. Code § 1946.2) starts after a year of occupancy. The City of San Diego's Tenant Protections Ordinance has no waiting period: "A landlord shall not terminate a tenancy without just cause" from the start of any tenancy longer than 30 days (SDMC §§ 98.0702, 98.0704). Chula Vista's ordinance (CVMC 9.65) also applies from day one. That makes screening the main decision point, so it has to be careful and lawful. For what happens later, see ending a tenancy in San Diego.

Step 1: Written criteria, applied the same way

Start with a short written policy: a minimum income ratio, the rental history you will verify, how you treat credit, and how you review criminal history. Under the AB 2493 rules, if you review applications in order of receipt, you must give the written criteria with the application.

Three fair housing points shape the policy across California:

• Protected traits. FEHA bars discrimination based on race, color, religion, sex, gender, gender identity and expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, and genetic information (Gov. Code § 12955(a)). Ads may not state a preference on those bases (§ 12955(c)), so "No Section 8" in an ad is unlawful.
• Household income. An income standard must count the combined income of people who will live together on the same basis as a married couple's (§ 12955(n)).
• No small-owner shortcut. The federal exemption for a private owner of up to three single-family houses does not apply when the home is rented through a broker or manager (42 U.S.C. § 3603(b)).

From April 1, 2027, landlords must also give a written pet policy with every application (SB 1296).

Step 2: Application fees and processing order

California's screening fee rules (Civ. Code § 1950.6, as amended by AB 2493 and AB 1170) apply statewide:

The application screening fees page explains each rule in more depth.

Step 3: Income, source of income and vouchers

California defines "source of income" to include housing subsidies, including Section 8 vouchers and HUD-VASH vouchers (Gov. Code § 12955(p)). You may ask about the level or source of income; that is not discrimination (§ 12955(p)(2)). What you may not do is refuse a voucher, or set less favorable terms because of one (2 CCR § 12141).

When there is a government rent subsidy, two rules from SB 267 (effective January 1, 2024) apply:

• Income test on the tenant's share. An income standard must be based on the portion of the rent the tenant pays, not the full rent (Gov. Code § 12955(o)(1)(A); 2 CCR § 12143).
• Credit-history alternative. If you use credit history, you must let the applicant choose to provide lawful, verifiable alternative evidence of ability to pay the tenant's portion, such as government benefit payments, pay records and bank statements, give reasonable time to respond, and reasonably consider that evidence in place of the credit history (Gov. Code § 12955(o)(1)(B)).

You can still verify employment, check landlord references and confirm identity (§ 12955(o)(2)). Our guide to renting to housing voucher holders in San Diego covers the San Diego Housing Commission and County inspection and contract steps.

Step 4: Criminal history

Criminal history in housing is governed by California's Fair Chance regulations under FEHA (2 CCR §§ 12264 to 12271, operative January 1, 2020), statewide. Under those rules a landlord may not seek, consider or act on:

• an arrest that did not lead to a conviction, or being questioned or detained;
• referral to or participation in a diversion or deferred entry of judgment program;
• infractions, or convictions that were sealed, dismissed, expunged or otherwise rendered inoperative;
• juvenile matters (unless the applicant offers them as mitigating information).

Blanket bans such as "no felons" are prohibited (2 CCR § 12269(a)(5)). A business that rents housing may use criminal history only when it is necessary for a substantial, legitimate interest such as the safety of residents, staff or property, and only for directly related convictions, weighing the nature and severity of the offense and the time since (§ 12266(b)). Whether you let applicants present mitigating information in writing or in person, delay the criminal check until financial qualifications are verified, and check reports for accuracy are factors in judging a policy (§ 12266(d)). They are not separate mandates, but building them in makes a policy easier to defend.

A point that confuses many owners: the County of San Diego's Fair Chance Ordinance covers hiring by employers in the unincorporated area, not tenant screening. For housing, the state regulations above apply, and § 12271 lets local laws add limits, so check your city's rules before you set criteria. See criminal history in tenant screening.

Step 5: Reports, denials and adverse action notices

Screening reports have their own limits. Consumer reports generally can't include arrest or conviction records more than seven years old, and an eviction case can appear only if the landlord prevailed (Civ. Code § 1785.13). If you order an investigative report about an applicant's character or reputation, you must notify the applicant in writing within three days of requesting it (Civ. Code § 1786.16).

If you deny an applicant, or approve on worse terms, based in whole or in part on a consumer report, federal law requires an adverse action notice with the reporting agency's contact details, any credit score used, and the applicant's right to a free copy within 60 days and to dispute errors (15 U.S.C. § 1681m). California requires that notice in writing (Civ. Code § 1785.20). The FTC's guidance treats requiring a cosigner or a larger deposit as adverse action too. Keep the security deposit within the cap, which is generally one month's rent across California (Civ. Code § 1950.5(c)), and dispose of screening reports securely when you no longer need them. The adverse action notices page has a checklist.

This is general information, not legal or tax advice. Confirm the details for your situation with a California attorney or tax professional.

For how screening fits with marketing, leases and move-in, see what a San Diego property manager does, the overview of San Diego property management, and why owners use tenant screening services in San Diego.

Frequently asked questions

How much can a landlord charge for a rental application in San Diego?

As of October 2026, a California landlord may charge only actual out-of-pocket screening costs, capped at $30 adjusted for inflation since 1998, which comes to about $60 to $66 in 2026 depending on the index (Civ. Code § 1950.6). The rule is statewide, so it is the same in the City of San Diego and the rest of the county, and the fee is allowed only if you either process applications in order or refund everyone not selected.

Can I refuse a tenant with a Section 8 voucher in San Diego?

No. California protects source of income, which includes Section 8 and HUD-VASH vouchers (Gov. Code § 12955(p)), so refusing an applicant because of a voucher, or advertising "No Section 8", is unlawful everywhere in San Diego County. You may apply your normal criteria, but any income standard must be based on the tenant's share of the rent, and you must allow alternatives to a credit history (§ 12955(o)).

Can San Diego landlords run criminal background checks?

Yes, within limits set by California's Fair Chance housing regulations (2 CCR §§ 12264 to 12271). You may not consider arrests without convictions, diversion, infractions, sealed or expunged convictions, or juvenile records, and you may not use a blanket ban; only directly related convictions may be weighed, considering how serious and how old they are. The County's Fair Chance Ordinance is an employment law, so it does not change tenant screening.

What income requirement can I set for a San Diego rental?

California sets no fixed income ratio, so you choose one, write it down and apply it to every applicant. The standard must count the combined income of everyone who will live there on the same basis as a married couple's (Gov. Code § 12955(n)), and when a government subsidy pays part of the rent, the ratio must be applied only to the tenant's portion (§ 12955(o)(1)(A)).

Do I have to accept a reusable tenant screening report?

No. Under Civ. Code § 1950.1, accepting a reusable screening report prepared within the previous 30 days is the landlord's choice. If you do accept one, you can't charge the applicant a screening fee or a fee to access the report. A bill that would have required landlords to accept portable reports (AB 1963) did not pass in 2026.

Next step: price the rental before you screen

Screening works best when the rent and criteria are set before the listing goes live. McKee Properties has managed San Diego rentals since 1982 and offers a free, no-obligation rental analysis. See what a free San Diego rental analysis covers.