What if you could upgrade your Minnesota rental application process to save time and stay organized? With helpful online tools, you can! Using a free application template or property management software creates an efficient online process — leading you straight to top tenants.
In this guide, we’ll review the most important things all landlords should know about their Minnesota rental application. Let’s dive in:
Information to Collect
Make sure your Minnesota rental application form asks renters for the following information:
- Personal information: Names of applicants (including co-applicants/co-signers), Social Security number, date of birth, phone number, email address, and emergency contact
- Rental history: Current and past residences
- Financial details: Employment and income
- References: Contact information of past landlords and/or employers
- Household overview: Pets/service animals, smoking status, and vehicles
Because landlords gather sensitive personal information with rental applications, laws set strict rules about how landlords can use it. Legal guidelines dictate:
- What information landlords can collect
- Which questions landlords can and cannot ask
- How landlords use rental applications when making a decision
Before we get into these Minnesota rental application laws, let’s review tenant screening tips.
Quick Guide to Screening a Tenant
Here’s how you can establish a responsible tenant screening process in The North Star State:
1. Pre-Screen
Don’t wait until the application to see if a renter qualifies. Start reviewing renter criteria early with a pre-screener. Once a renter looks at your listing, the pre-screener asks for:
- Contact information
- Employment and income
- Credit score (self-declared)
- Move-in timeline
- Household size
- Pets/service animals
- Smoking status
Pre-screeners can help you sort through a sea of renter leads. However, this form can’t stand in for the complete Minnesota rental application.
2. Conduct Showings
Letting renters see the house or apartment in person is a great way to market your listing and generate interest. Show the rental by hosting an open house and scheduling renter tours.
3. Distribute and Collect Applications
After you’ve distributed and collected your online rental application, make sure that renters have:
- Signed the consent and acknowledgement
- Paid the application fee
Minnesota Application Laws
Each state has its own set of landlord-tenant rights and rental application laws. These laws dictate:
- The questions landlords can include on applications
- What information landlords can use to deny an applicant
The Minnesota Human Rights Act outlines the state’s legal stance on rental applications. Here’s a quick overview of the key points:
Source of income: Minnesota law lists “status with regard to public assistance” as a protected renter characteristic. Landlords can’t consider a renter’s source of income or any details regarding public assistance (Minn. Stat. § 363A.09).
Criminal & eviction history: Landlords can consider an applicant’s criminal background check and eviction history during tenant screening.
Gender identity & sexual orientation: You can’t discriminate against renters based on their gender identity or sexual orientation (Minn. Stat. § 363A.09).
Portable tenant screening reports: Since there are no state laws governing portable tenant screening reports, you can decide whether or not to accept them.
Pets, ESAs, and Service Animals
Even if you don’t plan to accept pets, you still need to have a section for animals in your Minnesota rental application.
Fair housing laws prohibit landlords from discriminating against applicants with a service animal or an Emotional Support Animal (ESA). Don’t worry! You can hold tenants responsible if their animals cause damage.
Pet information: Include questions about pets, service animals, and ESAs in your Minnesota rental application.
Fair Housing Act: The FHA prohibits landlords from discriminating against applicants based on their ESA/service animal. Landlords can’t:
- Charge a pet deposit, pet rent, or pet fee for an ESA or service animal
- Reject applicants based on an ESA or service animal’s breed, size, or weight
Federal Application Laws
Whether you’re listing in Minnesota, Maine, or Maryland, all U.S. landlords must comply with these legal guidelines:
Fair Credit Reporting Act (FCRA): You need an applicant’s written consent to run credit checks. When you deny applicants 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. It also regulates how landlords assess rental applications and provides reporting guidelines for applicants (Equal Credit Opportunity Act).
Fair Housing Act (FHA): You can’t deny housing based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
The FHA prohibits:
- Questions about protected renter traits
- Unequal rental terms
- Discriminatory advertising (Fair Housing Act)
Americans with Disabilities Act (ADA): Landlords can’t discriminate against renters based on a disability, and they must accommodate the renter’s condition (Americans with Disabilities Act).
4. Use a Third-Party Screening Service
The secret to tenant screening made simple? Conduct all credit checks, eviction checks, and tenant background checks using an online service like TurboTenant.
5. Check Application References
Now’s a great time to contact the applicant’s references. Use these sample questions to gather more information:
- Did they miss payments?
- How much were they paying for rent?
- Did they damage the house/apartment?
- Did they break their lease?
- Would you accept this tenant again?
6. Approve or Deny Applications
Accept multiple applications on a first-come, first-served basis. Take these renter details into account when making a decision:
- Rental history: If you have less than a year of rental history, consider requesting a co-signer.
- Rent-to-income ratio: For a low-risk rent-to-income ratio, the rent should be 30% of their gross income.
- Credit score: It’s a good idea to set a minimum credit score requirement of 600–670.
Pro tip: Don’t forget to fact-check the details of a Minnesota rental application. If you find out that an applicant gave false information, you can immediately reject them.
Denial Process
For denials to be legally compliant, you must practice a consistent denial process across all applicants. You can deny renters based on:
- Criminal background
- Poor credit
- Lack of income
- Eviction history
- False information
Denial notice: Minnesota law doesn’t require landlords to send tenant rejection letters to denied applicants.
Credit/background denials: When you deny renters based on credit/background checks, you must send them an adverse action notice. Make sure it includes the reporting agency’s name, contact details, and the renter’s right to dispute errors.
Avoiding Fraud
Just because you read it in a rental application doesn’t mean it’s true. These six best practices can help you avoid Minnesota rental application fraud:
- Look out for red flags (like altered documents and inconsistent info)
- Verify the renter’s identity
- Fact-check all documents
- Run credit, background, and eviction checks
- Confirm the renter’s income and employment
- Speak with past landlords
Sources
- 1 Minn. Stat. § 504B.173
-
Subdiv. 1. A landlord may not:
(1) charge an applicant a screening fee when the landlord knows or should have known that no rental unit is available at that time or will be available within a reasonable future time;
(2) collect or hold an applicant screening fee without giving the applicant a written receipt for the fee, which may be incorporated into the application form, upon request of the applicant; or
(3) use, cash, or deposit an applicant screening fee until all prior applicants have either been screened and rejected, or offered the unit and declined to enter into a rental agreement.
Subdiv. 2. (a) The landlord must return the applicant screening fee if:
(1) the applicant is rejected for any reason not listed in the disclosure required under subdivision 3; or
(2) a prior applicant is offered the unit and agrees to enter into a rental agreement.
(b) If the landlord does not perform a personal reference check or does not obtain a consumer credit report or tenant screening report, the landlord must return any amount of the applicant screening fee that is not used for those purposes.
(c) The applicant screening fee may be returned by mail, may be destroyed upon the applicant’s request if paid by check, or may be made available for the applicant to retrieve.
Subdiv. 3. If a landlord accepts an applicant screening fee from a prospective tenant, the landlord must:
(1) disclose in writing prior to accepting the applicant screening fee:
(i) the name, address, and telephone number of the tenant screening service the landlord will use, unless the landlord does not use a tenant screening service; and
(ii) the criteria on which the decision to rent to the prospective tenant will be based; and
(2) notify the applicant within 14 days of rejecting a rental application, identifying the criteria the applicant failed to meet.
Source LinkSubdiv. 4. (a) In addition to any other remedies, a landlord who violates this section is liable to the applicant for the applicant screening fee plus a civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to enforce this remedy.
(b) A prospective tenant who provides materially false information on the application or omits material information requested is liable to the landlord for damages, plus a civil penalty of up to $500, civil court filing costs, and reasonable attorney fees.
