This usually involves a thorough review of the rental application form, and the landlord typically performs the following steps:. Financial red flags for landlords typically include things like bankruptcies, financial judgments, accounts sent to collections, foreclosures, and repossessions.
A good landlord will make a rental decision only after reviewing all of the relevant facts and information uncovered through their screening process. The following are examples of screening practices that would be prohibited under the Federal Fair Housing Act:. The screening process must be the same for all applicants, regardless of who they are. Otherwise, it may appear that the landlord is discriminating against certain tenants. For example, asking black applicants to fill out a different rental application form than white applicants, requiring single applicants to have a higher credit score than married applicants, or placing stricter requirements on the employment history of non-white applicants are all forms of discrimination during the screening process.
In Colorado, landlords may not use rental or credit history that is more than seven years old to make a determination.
The exceptions to this are methamphetamine production convictions, sex offender registration, and the exceptions outlined in federal law regarding drug trafficking and production.
In Minnesota and Utah, landlords who accept application fees must tell tenants the criteria they use for the screening process. In Texas , landlords must provide prospective tenants with a written explanation of the selection criteria when the rental application is given to the tenant.
In Washington, landlords must notify prospective tenants up front what types of information will be used for screening purposes, how that information will be obtained, and what would be the criteria for a denial. In Wisconsin, landlords must allow tenants to provide their own credit or criminal background reports if they are less than 30 days old.
Tenants have a responsibility to be honest and truthful in completing a rental application. In some states, as shown below, this could mean losing the apartment or even serving jail time.
In Arizona , a tenant who puts false or misleading information on the rental application regarding:. Landlords can still evict tenants over false information regarding criminal and eviction history, even if the tenant corrects the information within ten days.
In Alabama, tenants who have intentionally put false or misleading information on the rental application can be evicted by their landlords, even if they correct the information later. In Kansas, tenants who falsify information on their rental application may owe fines or face jail time.
In Texas , tenants could have their applications denied for providing false information. And several states add other protections, such as sexual orientation. Landlords and tenants should be aware of the state and local anti-discrimination laws where they live.
When can landlords deny an application? Here are a few reasons it could be acceptable to deny an application:. In addition, tenants who have had their applications denied because of information in their credit report are entitled to a free copy of their credit report. This is something each landlord will have to decide for themselves, but again, it must be the same criteria for all applicants.
In Colorado, landlords must put denials in writing stating why the application was denied within 20 days of making the decision to deny the application. In Florida, landlords must inform active duty members of the military and Florida National Guard whether or not their rental application has been accepted within seven days.
In Minnesota, landlords must let prospective tenants know why their application was denied within 14 days of making the decision. In Wisconsin, landlords must accept or deny an application within three days of receiving the application fee, unless a longer time is agreed to in writing, but not to exceed 21 days.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Purpose of a Rental Application Rental applications are designed to help landlords find the best tenants for their rental properties. Proof of Screening Process Rental applications also show that the landlord has a screening process in place, and shows evidence of what the landlord is looking for in a tenant.
Who Needs to Fill One Out? Rental Application Form Elements While rental applications may vary from state to state, there are a few elements that are fairly standard among forms.
A rental application should be highly detailed to gain the broadest picture of an applicant as possible. To ensure compliance with the Fair Housing Act, landlords and property owners should avoid asking questions from the following topics on a rental application:. The rental application is solely to provide a landlord with enough information to make a reasoned determination as to whether or not the applicant can lease a property.
A rental application asks for a signature for two 2 main reasons:. The average length of time for processing a credit or criminal background check is three 3 days. However, the length of time is partly dependent on the service chosen. Rental Application Templates. Email Delivery. Word Download. This acknowledges that both the landlord and the applicant have read the application and agree to its terms. Once all prospective tenants have completed their rental application , you can proceed with the tenant screening process.
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