When renting out a listing in this corner of the Northeast, landlords take the first step with a Maryland rental application. Two tips for a strong start? Use a free application template or landlord software. You’ll enjoy a seamless online process (without the clutter).
Here’s a helpful guide to using your Maryland rental application like a pro. Ready, set, go!
Information to Collect
Landlords use a Maryland rental application to collect information from renters. They ask for:
- Applicant names (including co-applicants and co-signers)
- Social Security number
- Date of birth
- Phone number and email address
- Employment and income details
- Current and past residences
- References
- Pets, vehicles, and smoking status
- Emergency contact
Whether you choose to use an online rental application or a paper form, rental applications ask renters for sensitive personal details. Laws guide landlords on how to use rental applications to select tenants. They specify which information landlords can collect and which questions they can ask.
Before we discuss Maryland rental application laws in detail, let’s review the tenant screening process.
Quick Guide to Screening a Tenant
We’ve broken down the basic elements of thorough, legally-compliant tenant screening. Here’s a six-step process created with Maryland landlords in mind.
1. Pre-Screen
The sooner you qualify renters, the more time you save in the long run. Pre-screeners help you identify renters who meet your criteria before handing out an application.
Once renters find your online listing, use a pre-screener to collect:
- Name
- Phone number
- Email address
- Move-in date
- Employment
- Income
- Self-reported credit score
- Household size
- Pets
- Smoking status
Pre-screeners give you a glimpse of a renter’s qualifications before they apply. However, it doesn’t replace the complete Maryland rental application.
2. Conduct Showings
After creating your online listing, coordinate opportunities to show the rental to interested renters through an open house or walkthrough tour.
3. Distribute and Collect Applications
Distribute your Maryland rental application and collect the forms after cnadidates have completed them. Ensure applicants sign the consent and acknowledgment, and then submit the application fee.
Maryland Application Laws
The Old Line State has its own set of landlord-tenant rights and rental application laws. The Maryland Fair Housing Act establishes these legal guidelines.
Source of income: Landlords can’t consider a renter’s source of income (including Section 8 vouchers) in Maryland (Md Code, State Gov’t 20-705).
Sexual orientation & gender identity: These are legally protected characteristics. Landlords can’t consider them when making a decision (Md Code, State Gov’t 20-705).
Criminal & eviction history: Maryland law permits landlords to factor in a renter’s criminal and eviction history.
Portable tenant screening reports: The Reusable Tenant Screening Report law allows renters to provide landlords with portable tenant screening reports if:
- The consumer agency submits it directly
- The agency created it within the last 30 days
- The report includes credit, eviction, and criminal history
Landlords must use this report instead of screening on their own, and they can’t charge an application fee (Md. Code, Real Prop § 8-218).
Pets, ESAs, and Service Animals
There should always be a section for animals on your Maryland rental application — regardless of your pet policy. That’s because landlords can’t discriminate against applicants with an Emotional Support Animal (ESA) or service animal. However, you can hold tenants responsible for the damages their animals cause.
Pet information: Collect information about pets and ESAs/service animals in the application. Ask for details like the breed, name, and weight.
Fair Housing Act: The FHA protects renters with ESAs/service animals from discrimination. It prohibits landlords from:
- Charging a pet deposit, pet rent, or pet fee for ESAs/service animals
- Denying applicants based on their ESA/service animal’s weight, breed, or size
Federal Application Laws
Whether you’re listing an apartment in Downtown Baltimore or a cozy single-family home in Bethesda, you’ll need to comply with these federal application laws.
Fair Credit Reporting Act (FCRA): Landlords need a renter’s consent before conducting a credit check. If you deny an applicant based on credit history, you must inform them (Fair Credit Reporting Act).
Equal Credit Opportunity Act (ECOA): The ECOA protects renters who have received public assistance and outlines how landlords assess credit reports and rental applications (Equal Credit Opportunity Act).
Fair Housing Act (FHA): Landlords (and employees who select renters) can’t deny applicants based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
The FHA bans unequal rental terms and discriminatory advertising (Fair Housing Act).
Americans with Disabilities Act (ADA): Landlords must accommodate renters with disabilities and can’t deny housing based on their condition (Americans with Disabilities Act).
4. Use a Third-Party Screening Service
Make tenant screening quick and easy with an online service. We recommend TurboTenant for credit, eviction, and tenant background checks.
5. Check Application References
If your renter provided professional or rental references, it’s time to get in touch. Kick off the conversation with these sample questions:
- Would you rent to this tenant again?
- Did they violate the lease?
- What was the unit’s monthly rent?
- Did they miss payments?
- Did they take good care of the house/apartment?
6. Approve or Deny Applications
Accept multiple applications on a first-come, first-served basis. Take these three points into account:
- Rental history: Ask for a co-signer if the renter provides less than a year of solid rental history.
- Rent-to-income ratio: Avoid troublesome rent collection by calculating the rent-to-income ratio. Rent should be no more than 30% of the renter’s gross income.
- Credit score: Set a minimum credit score requirement within the 600 to 670 range.
Pro tip: Don’t forget to fact-check rental applications. If you spot false information, we recommend rejecting the applicant.
Denial Process
Maryland law requires landlords to treat denials consistently for all applicants. You can deny renters based on:
- Income
- Credit
- Rental history
- Results of a criminal background check
- False information
Denial notice: If you charge an application fee, you must send denied renters tenant rejection letters within 15 days (Md. Code, Real Prop § 8-213).
Credit/background denials: When you deny renters based on a credit/background check, you must send them an adverse action notice, detailing:
- The reporting agency’s name and contact details
- The renter’s right to dispute errors
Document storage: Hold onto denied applications and screening reports for at least 2 years so you can use them to defend against discrimination claims.
Avoiding Fraud
These steps can help you catch Maryland rental application fraud:
- Verify the applicant’s documents and identity
- Conduct eviction, background, and credit checks
- Fact-check employment and income details
- Get in contact with past landlords
Sources
- 1 MD Real Prop Code § 8-213
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(a) An application for a lease shall contain a statement which explains:
(1) The liabilities which the tenant incurs upon signing the application; and
(2) The provisions of subsections (b) and (c) of this section.
(b) (1) (i) If a landlord requires from a prospective tenant any fees other than a security deposit as defined by § 8-203(a) of this subtitle, and these fees exceed $25, then the landlord shall return the fees, subject to the exceptions below, or be liable for twice the amount of the fees in damages.
(ii) The return shall be made not later than 15 days following the date of occupancy or the written communication, by either party to the other, of a decision that no tenancy shall occur.
(2) The landlord may retain only that portion of the fees actually expended for a credit check or other expenses arising out of the application, and shall return that portion of the fees not actually expended on behalf of the tenant making application.
(c) This section does not apply to any landlord who offers four or less dwelling units for rent on one parcel of property or at one location, or to seasonal or condominium rentals.
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