Choosing the right tenant is the single most important decision a small landlord makes. A good tenant pays on time, takes care of the home and stays for years. A bad fit can mean months of lost rent, repairs and stress.
But screening is also where landlords most often get into legal trouble. Fair housing laws, consumer reporting rules and local ordinances all shape what you can ask, how you decide and what you must tell applicants you turn down. This guide walks through a consistent screening process designed to help you choose well and treat every applicant fairly.
Important: This article is general information, not legal advice. Landlord-tenant and fair housing laws vary by state, county and city. Check your local rules or talk to a qualified attorney before finalizing your screening policy.
Know the Fair Housing Basics First
The federal Fair Housing Act prohibits discrimination in housing based on:
- Race
- Color
- Religion
- Sex (which HUD interprets to include sexual orientation and gender identity)
- National origin
- Familial status (families with children under 18, pregnant people)
- Disability
Many states and cities add more protected classes, such as source of income (including housing vouchers), age, marital status, military status or criminal history in some situations. Some small owner-occupied buildings have limited exemptions under federal law, but state and local laws may still apply, and advertising rules apply broadly. Do not assume you are exempt without checking.
Practical Fair Housing Rules for Screening
- Apply the same criteria to every applicant. Consistency is your best protection.
- Never ask about protected characteristics, such as whether someone plans to have children, their religion or where they are from.
- Provide reasonable accommodations for applicants with disabilities, such as allowing assistance animals in a no-pet property, as required by law.
- Be careful with advertising language. Describe the property, not the ideal tenant. “Two-bedroom near the park” is fine; “perfect for a young professional” is not.
Step 1: Write Down Your Screening Criteria
Before you advertise, create a written tenant selection policy. It should state the minimum requirements every applicant must meet and how you will evaluate applications. Common criteria include:
- Income: A required ratio of gross income to rent. Many landlords use a multiple of the monthly rent, but check whether your state or city restricts income requirements, especially for voucher holders.
- Credit history: What you will look for, such as unpaid rental debt or recent evictions, rather than a single score cutoff with no context.
- Rental history: Positive references from previous landlords and no recent evictions for nonpayment, where legally permitted to consider.
- Criminal history: If you consider it at all, a narrow, specific policy that complies with federal guidance and local law (see below).
- Occupancy limits: Based on local codes and reasonable standards, not on family makeup.
- Pets: Your pet policy, noting that assistance animals are not pets.
- First-come, first-served: Many landlords process complete applications in the order received and approve the first qualified applicant. Some cities require this.
Share the criteria with every applicant before they apply. Many landlords include them with the listing or application.
Step 2: Use a Consistent Rental Application
Your application should collect the information you need to apply your criteria:
- Full legal name and contact information
- Current and previous addresses with landlord contact details
- Employment and income information
- Consent to run credit and background checks
- Number of occupants
- Pets
- Signature and date
Use the same application for everyone. Many property management software platforms provide online applications and screening reports, which helps keep the process consistent.
Application Fees
Some states and cities cap application fees, require that fees reflect actual screening costs, or require refunds in certain situations. A few prohibit them. Check local rules before charging.
Step 3: Verify Identity and Income
- Identity: Confirm the applicant’s identity with a government-issued photo ID.
- Income: Ask for recent pay stubs, an offer letter, bank statements or tax documents for self-employed applicants. Count all lawful income sources equally if your jurisdiction protects source of income.
- Employment: Call the employer using a phone number you find independently, not just the number on the application.
Step 4: Run Credit and Background Checks
Use a reputable tenant screening service that complies with the Fair Credit Reporting Act (FCRA). You will need the applicant’s written consent.
What to Look For
- Payment patterns, especially past-due rent or utility debts
- Collections and judgments related to housing
- Eviction records, keeping in mind that some jurisdictions limit how far back you can look or whether you can consider sealed cases
Many landlords consider context rather than relying solely on a credit score. Medical debt or student loans, for example, may say little about how someone pays rent.
Criminal History
HUD has issued guidance explaining that blanket bans on applicants with any criminal record can violate the Fair Housing Act because they may have a discriminatory effect. Arrests without convictions generally should not be used. If you consider convictions, policies should be narrowly tailored, consider the nature, severity and age of the offense, and allow for individualized assessment. Several cities and states have “fair chance” housing laws that restrict or delay criminal background checks. Check your local laws carefully.
Step 5: Check Rental References
Contact at least one or two previous landlords, not just the current one, who might give a glowing reference to get a problem tenant to leave. Ask factual questions:
- Did the tenant pay rent on time?
- Did they give proper notice before moving?
- Were there any lease violations?
- Would you rent to them again?
Write down the answers for every applicant.
Step 6: Make and Document Your Decision
Compare each applicant to your written criteria, not to each other’s personalities. Keep a record of:
- When each application was received
- Which criteria were met or not met
- The reason for approval or denial
Keep screening records for a reasonable period. Records protect you if your decision is ever questioned.
Step 7: Send an Adverse Action Notice When Required
Under the FCRA, if you deny an application, require a higher deposit, require a co-signer or charge higher rent based in whole or in part on information in a consumer report, you must give the applicant an adverse action notice. It must include:
- The name, address and phone number of the screening company that provided the report
- A statement that the screening company did not make the decision and cannot explain why it was made
- The applicant’s right to obtain a free copy of the report within 60 days and to dispute inaccurate information
Many screening services provide adverse action templates. Some states have additional notice requirements.
Common Screening Mistakes
- Making exceptions for some applicants but not others.
- Asking questions that reveal protected characteristics.
- Using a blanket criminal history ban.
- Skipping identity verification, which increases fraud risk.
- Relying on gut feeling instead of documented criteria.
- Ignoring local laws on fees, income requirements or source of income.
Frequently Asked Questions
Can I refuse to rent to someone with a housing voucher?
It depends on where your property is. Many states and cities prohibit discrimination based on source of income, which includes housing choice vouchers. Check your state and local laws.
Can I require a minimum credit score?
Many landlords do, but a strict cutoff without context can screen out good tenants and, in some cases, raise fair housing concerns. Consider looking at rent-related payment history rather than a single number.
How long should screening take?
Many landlords aim to make a decision within a few days of receiving a complete application. Moving promptly helps you avoid losing good applicants and reduces vacancy time.
Do I need to screen co-signers?
If you allow co-signers or guarantors, screen them with consistent criteria, including income and credit, and get their written consent.
Can I deny someone because they have children?
No. Familial status is a protected class under the federal Fair Housing Act. You can enforce reasonable occupancy limits based on local codes, but you cannot refuse to rent to families with children.
The Bottom Line
Good tenant screening is consistent, documented and fair. Write your criteria before you advertise, use the same application for everyone, verify identity and income, run FCRA-compliant checks, call past landlords and document every decision. When in doubt about your state or city’s rules, talk to a local landlord-tenant attorney or your local fair housing agency.
This article is general information, not legal advice.
Editorial note: Rent Roostly is independent and reader-supported. This guide is based on research into manufacturer documentation, published specifications and widely accepted best practices; we have not been paid to mention any product. If we add affiliate links in the future, they will be clearly disclosed per our Affiliate Disclosure.