A Florida rental application is the first step to filling your vacancy and selecting your next tenant. Gather renter information with ease by using a free rental application template from iPropertyManagement.
Ready to start collecting leads? Here’s everything you need to know about your Florida rental application.
Information to Collect
A Florida rental application form should collect the following:
- Applicant/co-applicant/co-signer name
- Social Security number
- Date of birth
- Email and phone number
- Emergency contact
- Employment, rental, and income history
- References
- Smoking status
- Current and past addresses
- Information on pets and vehicles
A rental application form collects sensitive information, and state and federal laws regulate:
- The information collected
- The questions asked
- How landlords can use this information to approve or deny an applicant
Next, we’ll review a quick guide to screening a tenant and best practices to follow.
Quick Guide to Screening a Tenant
Every rental application is unique, but these six steps outline a process covering most elements of smart, responsible tenant screening.
1. Pre-Screen
Many landlords kick off the application process with a pre-screener. After a renter finds the listing, a pre-screener form can help you determine if they’re a good fit before they officially apply.
Pre-screeners typically ask for:
- Contact information
- Employment and income
- Self-reported credit score
- Move-in date
- Household size
- Pets
- Smoking
Pre-screeners are a great way to sort through leads, but they aren’t a substitute for your online rental application form.
2. Conduct Showings
Most of the time, renters will want to see more than online photos of the home or apartment. Show the rental and meet with potential tenants to generate interest for your listing.
3. Distribute and Collect Applications
Once applicants complete the form, collect their rental applications plus any applicable fees. Always make sure applicants have signed the consent and acknowledgement section!
Florida Application Laws
The Florida Fair Housing Act outlines the state’s rental application laws. These laws dictate the questions landlords can ask, how applications are used to make a decision, and landlord-tenant rights.
Source of income: Florida doesn’t list income source as a state-wide protected characteristic. Certain counties, such as Miami-Dade and Broward, have their own laws protecting a renter’s source of income.
Criminal & eviction history: Landlords can consider an applicant’s criminal and eviction history in Florida.
Portable tenant screening reports: Florida permits their use, but no laws require you to accept them.
Pets, ESAs, and Service Animals
Does your Florida rental application have a section for animals? If not, it’s time to add one!
By law, landlords can’t discriminate against applicants who have an Emotional Support Animal (ESA) or service animal. However, you can hold tenants liable for property damage caused by their animals.
Pet information: Use your application to ask if the renter has a pet, ESA, or service animal, and collect important details such as name, breed, and weight.
Fair Housing Act: This federal law prohibits you from discriminating against an applicant based on their ESA/service animal. Landlords can’t charge a pet deposit, pet rent, or pet fee for ESAs/service animals. You also can’t deny housing based on an ESA/service animal’s breed, size, or weight.
Federal Application Laws
All landlords in the Sunshine State must follow these four federal laws:
Fair Credit Reporting Act (FCRA): Before conducting a credit check, landlords need an applicant’s written consent. If you deny based on credit history, you must send the applicant an adverse action notice (Fair Credit Reporting Act).
Equal Credit Opportunity Act (ECOA): The ECOA protects individuals who have received public assistance, regulates how landlords assess credit reports, and outlines reporting rules for applicants (Equal Credit Opportunity Act).
Fair Housing Act (FHA): Landlords, property managers, and employees responsible for selecting renters can’t deny or discriminate based on these FHA-protected characteristics:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
The FHA bans discriminatory advertising and unequal rental terms (Fair Housing Act).
Americans with Disabilities Act (ADA): You can’t discriminate against applicants solely based on a disability, and you must accommodate the renter’s condition (Americans with Disabilities Act).
4. Use a Third-Party Screening Service
Use a tenant screening provider to perform a credit check and/or criminal background check.
5. Check Application References
If your Florida rental application collected rental or employer references, conduct reference checks by asking sample questions such as:
- Would you rent to this tenant again?
- Are you aware of any missed rent payments? If so, how many?
- How much was the tenant paying for monthly rent?
- Was the property clean and undamaged upon move-out?
- Did the tenant ever violate the lease or receive lease violation warnings?
6. Approve or Deny Applications
Accepting multiple applications on a first-come, first-served basis is a best practice. Consider these factors as you review completed applications:
- Rental history: Landlords typically require a co-signer if there’s less than a year of solid rental history available.
- Rent-to-Income ratio: If your listing’s monthly rent is above 30% of the applicant’s gross income, it increases the risk of rent default.
- Credit score: Most landlords set a minimum credit score requirement somewhere in the 600-670 range.
- Fact check on rental application: False or incomplete answers raise red flags and justify immediate rejection.
Denial Process
Always handle denials consistently and legally across all applicants. In Florida, you can deny based on income, credit history, rental history, criminal background, and incomplete or false application answers.
Denial notice: Florida law doesn’t require landlords to send tenant rejection letters.
Credit/Background denials: If you deny a renter based on a credit or tenant background check, you must send them an adverse action notice, including:
- The reporting agency’s name and contact information
- A statement of the renter’s right to dispute errors
Document storage: In Florida, you’re not legally required to keep denied applications or screening reports, but you should always store renter documents for at least 3 years to help defend against claims of discrimination.
Avoiding Fraud
Steer clear of fraud by taking the following precautions:
- Always confirm a renter’s identity and the documents they submit
- Don’t forget to run a credit, background, and eviction check
- Use employer references to confirm the renter’s employment and income
- Reach out to past landlords
- Keep an eye out for red flags such as inconsistent information and signs of document alteration
