While there is no federal law requiring a tenant to submit an application, landlords have a legal right to set “reasonable business criteria” for screening. Refusing to provide an application essentially allows a landlord to legally deny your tenancy for failing to meet their screening requirements.
The Legal Reality of Rental Applications
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Screening Rights: Under the Fair Housing Act, landlords can require an application to verify income, credit history, and rental references, provided they apply the same requirements to every applicant.
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Consent for Background Checks: Per the Fair Credit Reporting Act (FCRA), a landlord must obtain your written consent (usually via the application) to run a credit or background check. Without an application, they cannot legally vet you, making them unlikely to rent to you.
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Application Fees: Many states now strictly regulate these. For example, in New York, fees are capped at $20, and in California, they are capped at $64.50 (as of 2025/2026). In Massachusetts and Vermont, landlords are generally prohibited from charging application fees entirely.
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Portable Screening Reports: As of 2025–2026, several states (including Maryland and Colorado) allow tenants to provide their own “reusable” screening report, which landlords may be required to accept in lieu of a new application fee.
Exceptions and Limits
Landlords cannot use the application process to ask about protected classes (race, religion, familial status, etc.). Additionally, if a landlord denies you based on a screening report, federal law requires them to provide you with an Adverse Action Notice explaining the decision.
The information for this answer was found on our Rental Application Form answers.