Rental application form for landlords: what to ask and what not to ask

The short version

Use one written application for every adult who will live in the unit. Ask for what you need to check against your written screening criteria and nothing more, get signed consent for credit and background checks, and keep a record of every decision. If you deny someone based on a screening report, send the federal adverse action notice.

What to put on the application

• Applicant details: full legal name, phone, email, and date of birth (needed by most screening services to match the right report).
• Who will live there: names of all occupants, with every adult filling out their own application.
• Rental history: current and past addresses for the last two to three years, dates, monthly rent, landlord or manager name and phone, and the reason for leaving.
• Employment and income: employer, position, start date, supervisor contact, and monthly income, plus other income sources the applicant wants counted.
• Pets: type, number, and size, if your policy allows pets.
• Vehicles: make, model, and plate, if parking is assigned or limited.
• Emergency contact.
• Desired move-in date and lease term.
• Application fee: the amount and whether it is refundable.

The screening consent

Put a clear authorization on the form, above the signature, that lets you verify what the applicant wrote:

• Permission to run a credit report and a background check through a screening company.
• Permission to contact current and past landlords and employers.
• A certification that everything on the application is true and complete, and that false information is grounds to deny.
• Signature and date from each adult applicant.

What to leave off

The federal Fair Housing Act bars discrimination based on race, color, religion, national origin, sex, familial status, and disability, and it also bars statements and notices that show a preference based on those traits. Do not ask about them on the form. That includes questions like whether the applicant is pregnant, plans to have children, or has a disability or takes medication. Many states and cities add protected classes, such as source of income (including housing vouchers), age, or marital status, so check yours before you print the form.

Set your criteria before you read any applications

An application only works if you judge every one the same way. Write down your standards first:

• Income: for example, a set multiple of the monthly rent. Pick your number and apply it to everyone.
• Rental history: what counts as a disqualifying reference or past eviction filing, within what your state allows.
• Credit: what you look at and what you do not.
• Criminal history: check your state and city first, because some limit how and when it can be considered.
• Process: first complete, qualified application wins, or another rule you apply to everyone.

Application fees

Some states and cities cap application fees, tie them to your actual screening cost, or require a receipt or a refund when you do not run the check. Look up your state’s rule before you charge one, state the fee on the form, and do not collect fees from more applicants than you will actually screen.

If you deny someone based on a report

Under 15 U.S.C. 1681m, when you deny an applicant, require a co-signer, or ask for a larger deposit based in whole or in part on a consumer report, you must send an adverse action notice. It includes:

• The name, address, and phone number of the consumer reporting company that supplied the report.
• A statement that the reporting company did not make the decision and cannot explain why it was made.
• The applicant’s right to a free copy of their report from that company if they ask within 60 days.
• The applicant’s right to dispute inaccurate or incomplete information with the reporting company.
• If a credit score was used, the score and related details the law requires.

Keep good records

Keep each application, the screening results, and a short note of why you approved or declined, in one file per applicant. Store them securely, because they contain Social Security numbers and other personal data, and dispose of reports securely when you no longer need them. Check your state for how long to keep them.

Official places to check the rules

• 42 U.S.C. 3604: discrimination in housing — protected classes and the ban on discriminatory statements (Cornell LII)
• 15 U.S.C. 1681m: duties after adverse action — what to send when a report leads to a denial (Cornell LII)
• 15 U.S.C. 1681b: permissible purposes of consumer reports — Cornell LII
• CFPB: Notice of User Responsibilities (Regulation V, Appendix N) — plain summary of what report users must do
• CFPB: list of consumer reporting companies — includes tenant screening companies
• HUD: Fair Housing and Equal Opportunity
• USA.gov: find your state attorney general — many publish landlord-tenant guides

Make it a system

One form, written criteria, signed consent, the same steps for every applicant, and a file for every decision. That is what makes screening fair, fast, and defensible. For a free starting point, see the tenant screening checklist.

• Free tenant screening checklist
• Screening tenants with pets
• Renting out a room in your house