Cal. Civ. Code § 704.085
Credit and background checks.
Operative Text
704.085 Credit and background checks. (1) (a) Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord’s actual cost, up to $25, to obtain a consumer credit report on the prospective tenant from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis. The landlord shall notify the prospective tenant of the charge before requesting the consumer credit report, and shall provide the prospective tenant with a copy of the report. (b) A landlord may not require a prospective tenant to pay for a consumer credit report under par. (a) if, before the landlord requests a consumer credit report, the prospective tenant provides the landlord with a consumer credit report, from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis, that is less than 30 days old. (2) A landlord may require a prospective tenant who is not a resident of this state to pay the landlord’s actual cost, up to $25, to obtain a background check on the prospective tenant. The landlord shall notify the prospective tenant of the charge before requesting the background check and shall provide the prospective tenant with a copy of the report.
Wisconsin Statute § 704.085 governs what landlords may charge prospective tenants for credit and background checks during the rental application process. A landlord can recoup the actual cost of a nationwide consumer credit report, but the charge is capped at $25, and the landlord must notify the applicant of the fee before ordering the report and must share a copy of the report with the applicant. If the applicant already has a qualifying credit report that is less than 30 days old from a nationwide agency, the landlord cannot charge for a new one. For out-of-state applicants, a similar $25 cap and disclosure-and-copy requirement applies to background checks.
Plain English — not legal advice.
Under Wis. Stat. § 704.085, compliant operators disclose any credit or background check fee to a prospective tenant before the report is ordered—not after—and keep the charge at or below the actual cost, with a $25 ceiling. Landlords also provide the applicant with a copy of any report obtained. When an applicant presents a nationwide credit report that is less than 30 days old, a landlord operating in compliance with § 704.085 does not charge for a new credit pull, though the background check fee for out-of-state applicants remains separately available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 704.085 gives prospective tenants the right to be told about any credit or background check fee before the report is requested, to receive a copy of any report the landlord obtains, and to avoid a credit-check charge entirely by presenting a qualifying nationwide credit report that is less than 30 days old. If a landlord charges more than the actual cost or the $25 cap, fails to give advance notice, or refuses to provide a copy of the report, those actions may constitute a violation of § 704.085. Tenants who believe their rights under this provision have been violated may consider contacting a local tenant-rights organization or the Wisconsin Department of Agriculture, Trade and Consumer Protection for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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