San Diego, CA asked in Landlord - Tenant and Business Law for California

Q: In San Diego, CA. Are housing companies or landlords allowed to request a bank statement from rental applicants?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, housing companies and landlords in California generally are allowed to request bank statements from rental applicants during the screening process. However there are some limitations in place under CA state law.

The primary restrictions when obtaining or evaluating bank statements from applicants in CA are:

• The landlord must notify you the statements are being requested as part of a rental application background check (Civ. Code 1950.6).

• The amount/source of your income can be reviewed, but not specific account balances, expenditures, etc. Detailed records beyond income verification cannot be demanded. (Civ Code 1940.3)

• Any information obtained from your statements must be kept confidential and used only for evaluating the specific rental application's eligibility. (Civ Code 1940.7)

Therefore it is legal for San Diego rental management companies to request bank statements for proof of sufficient steady income. But the information that can be required from those statements is considered limited - mainly just total monthly deposits in relation to rent debt-to-income qualifications. Detailed spending activity or exact balances are meant to remain private.

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