You’ll use your Massachusetts rental application to fill your vacancy and find qualified tenants. But what about using the application form to make landlording easier? That’s where a free rental application download or landlord software to send and receive apps comes in.
In this guide, we’ll cover the benefits of these online rental application tools along with pro tips for working with your Massachusetts rental application. Let’s begin.
Information to Collect
A well-thought-out Massachusetts rental application asks renters to submit the following:
- Names (Applicants, co-applicants, and co-signers)
- Social Security number
- Date of birth
- Phone number and email address
- Employment and income
- Current and past residence details
- References (rental and/or professional)
- Pets and service animals
- Smoking status
- Emergency contact
- Vehicles
Since the rental application form discusses sensitive information, laws dictate:
- The information landlords can collect
- The questions landlords can ask
- The way landlords use applications to make a decision
Let’s jump into an overview of tenant screening, Massachusetts rental application laws, denial processes, and more.
Quick Guide to Screening a Tenant
Screen tenants responsibly by following these six simple steps:
1. Pre-Screen
We recommend using a pre-screener to qualify renters before the application stage. Pre-screeners help you determine if a renter is a potential fit. When a renter finds your online listing, the pre-screener form asks for:
- Name, phone number, and email address
- Move-in date
- Employment, income, and credit score (self-declared)
- Household size, smoking status, and pets/service animals
While pre-screeners speed up the process of sorting through leads, landlords still have to use a Massachusetts rental application form.
2. Conduct Showings
Show the rental to allow renters to see the home or apartment in person.
3. Distribute and Collect Applications
Pass out your Massachusetts rental application. An online rental application can make this process easy, organized, and efficient. Once renters have filled out the form, collect it. Double-check that they signed the consent and acknowledgment section.
Massachusetts Application Laws
Landlord-tenant rights and rental application laws aren’t the same in every state. The Massachusetts General Laws outline these legal parameters. Here’s an overview of the main points:
Application fees: Massachusetts law prohibits landlords from charging any kind of rental application fee (MGL Ch 186 Section 15B).
Source of income: Since source of income is a protected trait in Massachusetts, landlords can’t consider it when making a decision (MGL Ch 151B Section 4).
Sexual orientation & gender identity: In Massachusetts, you can’t discriminate against applicants based on their sexual orientation or gender identity (MGL Ch 151B Section 4).
Criminal & eviction history: Landlords in Massachusetts can consider an applicant’s criminal background check and eviction history.
Portable tenant screening reports: Massachusetts law lets landlords accept portable tenant screening reports, but they’re not required to use them.
Pets, ESAs, and Service Animals
Don’t leave any household member out of the application — even four-legged ones. Your application should include a section for pets, Emotional Support Animals (ESAs), and service animals.
Fair housing laws prohibit landlords from discriminating against applicants with ESAs and service animals. Tenants are responsible for covering any damages their animal causes.
Pet information: Use the application to collect animal details, including name, breed, weight, and proof of service status (if applicable).
Fair Housing Act: The FHA prohibits landlords from:
- Discriminating against renters based on ESAs or service animals
- Charging a pet deposit, pet rent, or pet fee for ESAs or service animals
- Denying an application based on an ESA/service animal’s weight, size, or breed
Federal Application Laws
When renting a home or apartment in Massachusetts, these are four federal laws all landlords must follow.
Fair Credit Reporting Act (FCRA): Landlords need a renter’s consent before running credit checks. If you deny applicants because of credit history, you must send them an adverse action notice (Fair Credit Reporting Act).
Equal Credit Opportunity Act (ECOA):
The ECOA:
- Protects renters who receive public assistance
- Outlines how landlords address credit reports
- Provides reporting guidelines for applicants (Equal Credit Opportunity Act)
Fair Housing Act (FHA): Landlords, property managers, and employees who select tenants can’t deny housing based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
The FHA prohibits any questions about protected characteristics, discriminatory advertising, and unequal renting terms (Fair Housing Act).
Americans with Disabilities Act (ADA): You can’t discriminate against applicants based on a disability, and you must accommodate the renter’s condition (Americans with Disabilities Act).
4. Use a Third-Party Screening Service
Don’t forget to dot your I’s and cross your T’s. Use a free online tenant screening service like TurboTenant to conduct credit, eviction, and tenant background checks.
5. Check Application References
Get in touch with the applicant’s references to learn more. Ask their past landlords and employers questions. Here are sample ideas to get things started:
- Did they ever miss rent?
- Did they ever violate the lease, or come close to doing so?
- Did they keep the property in clean, well-maintained condition?
- Do you recommend renting to this tenant?
6. Approve or Deny Applications
Get smart about selecting tenants by accepting multiple applications on a first-come, first-served basis. Here’s what you should consider:
- Rental history: If an applicant has less than a year of rental history to present, consider bringing on a co-signer.
- Rent-to-income ratio: Your next tenant should have a rent-to-income ratio where rent is less than 30% of their gross income.
- Credit score: Most landlords set a minimum credit score requirement of 600–670.
- Fact check: If a renter applies with false information, you can immediately deny the applicant.
Denial Process
Speaking of denials — landlords are responsible for addressing denials consistently for all applicants. When renting a home or apartment in Massachusetts, you can deny renters due to:
- Lack of income
- Poor credit
- Rental history
- Criminal background
- False application answers
Denial notice: State law doesn’t require you to send tenant rejection letters.
Credit/background denials: When you deny a renter based on their credit or background check, the FCRA requires you to send them an adverse action notice. The notice must state the reporting agency’s name, contact details, and the renter’s right to dispute errors.
Document storage: Massachusetts law doesn’t require you to keep denied applications or screening reports, but you should store them for one to three years. These files are your first line of defense against claims of discrimination.
Avoiding Fraud
Don’t take applications at face value. Always conduct due diligence and keep an eye out for red flags. Here’s how:
- Verify the applicant’s identity and all submitted documents
- Run a credit, background, and eviction check
- Confirm employment and income details
- Speak with past landlords to gather more information
