Rental Application Checklist: What Landlords Can (and Can’t) Ask

Answer

Intro: A rental application collects the facts a landlord or manager uses to screen prospective tenants — identity, income, rental history and consent to background checks. A clear, consistent application speeds decisions and reduces discrimination risk.

Core items to include: full name and contact info; current and prior addresses (usually last 5–7 years); names of all proposed occupants; gross monthly income and employer contact (many owners use an income qualifier such as 2.5–3× the monthly rent); emergency contact; rental history and landlord references; vehicle info and pet details; desired move-in date and lease term; copies of ID and proof of income (pay stubs, bank statements); and an explicit signature/consent for credit and background checks. These fields cover the practical facts most landlords rely on.

Screening, consent and consumer-report rules: if you plan to run credit or tenant-screening reports, obtain a written, standalone consent and comply with the Fair Credit Reporting Act (FCRA). That means providing required disclosures, getting applicant authorization, and issuing an adverse-action notice if screening results cause denial or different terms. Treat consumer-report data carefully and keep documentation of decisions.

Questions to avoid: do not ask about race, color, religion, national origin, sex, familial status (children), or disability — those topics fall under the federal Fair Housing Act and can trigger discrimination claims if used in screening. Rather than asking protected-class questions, ask neutral, factual questions about household composition (who will live in the unit) and ability to pay.

Criminal records and local limits: criminal-history questions are common, but many cities and states limit when and how you may ask (so-called “fair chance” or ban-the-box rules). Some jurisdictions require a conditional offer or an individualized assessment and give applicants a chance to respond. Check local ordinances before adding blanket criminal-history questions.

Fees, privacy and documentation: clearly state any application fee and what it covers; follow state law on fee caps and refund rules. Limit collection of sensitive identifiers to what you need (for example, an SSN is commonly required for a credit report but handle it securely). Keep a copy of each signed application, the screening consent, and a short written note explaining any adverse decision to defend against complaints.

Final note: standardize the application and screen every applicant with the same criteria to reduce legal risk. Because state and local rules vary, it’s advisable to consult a licensed local attorney or experienced property manager when you build your form or adopt screening policies. This helps ensure compliance and keeps your process fair and defensible.