A rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.
Rental Application Forms by State
Click the state for a FREE rental application form.
Quick Guide To Screen a Tenant
While every rental application and situation are different, the following steps describe a process that will cover most elements of a responsible tenant screening:
1. Pre-Screen
Provide the tenant with pre-screening questions, such as the following:
- What is the target move-in date?
- How many people will be living on the rental property?
- What pets will be living on the property, if any?
- How long was residence at the previous address?
- Are there any issues with signing a lease of one year or more?
- What prompted the move?
2. Showings
Show the rental unit and meet potential tenants.
3. Distribute and Collect Applications
Provide interested tenants with a rental application. When completed, collect rental applications (must include signed consent and acknowledgement!), plus fees.
4. Screening: Third-Party Services
Perform a credit check and/or criminal background check using a tenant screening service such as TenantAlert, MyRental, or LeaseRunner (typical cost of $25-$75 depending on service and features)
5. Screening: Application References
Conduct reference checks with the past landlords or employers of applicants, asking questions such as the following:
- Would you rent to this tenant again?
- How many rent payments has the tenant missed, if any?
- What was the tenant paying for monthly rent?
- How well did the tenant maintain clean and undamaged conditions on the property?
- Did the tenant ever violate the lease or receive notice about potentially doing so?
6. Approve or Deny Applications
Review and make a decision, ideally accepting multiple applications on a first-come, first-serve basis approved off the following criteria:
- Rental History – landlords often require a co-signer for the lease if there’s less than a year of good rental history available
- Rent to Income Ratio – rent above 30% of a potential tenant’s gross income increases risk of rent default
- Credit Score – many landlords set a minimum credit score in the 600-670 range
- Fact Check on Rental Application – false information on an application is grounds for immediate rejection, while landlords may favor applicants who disclose in an honest and proactive way
7. Explain Outcomes
Respond to all applicants in writing, explaining the grounds for denial. This is not a legal requirement in most places, but significantly reduces the risk of legal complaint and documents the landlord’s non-discriminatory reasons for rejecting any particular application.
Rental Application Laws
Some state laws specify disclosure or retention requirements for rental applications, including the following:
- Colorado – landlords must provide an itemized list of actual and anticipated costs for screening a rental application. If the fee amount is based on an average, this must include the method for calculating the fee.
- Delaware– landlords must keep applications on file for six months. This includes denied applications.
- Texas – landlords must describe their tenant selection criteria to tenants. This must include grounds the landlord uses for denying an application.
- Washington – landlords must provide potential tenants with a written disclosure of:
- Type of information that will be used for the screening (credit reports, background checks, etc.)
- Contact information for the consumer reporting agency used by the landlord
- Notice of whether the landlord accepts recent screening reports provided by the tenant
- Criteria the landlord uses for rejecting applications
- Washington D.C. – after receiving a rental application, landlords must provide the following information to tenants:
- Copy of the D.C. Tenant Bill of Rights
- Amount of periodic rent
- Amount of application fee and security deposit
- Rent control status (or exemption status)
- Disclosure of existing housing code violations on the property, if any
- Disclosure of any pending conversion to condominiums or co-op
- Property’s ownership and business license information
- 3-year history of “mold contamination” or proof of remediation
Prohibitions on Rental Application Questions
Federal law restricts the information a landlord can request on a rental application. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:
- Race
- Color
- National origin (nationality)
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (i.e., having or not having children)
- Disability (whether physical or mental)
There are narrow exemptions from the Fair Housing Act for things like senior housing or certain very-small scale landlords, but local regulations may still apply. Local laws also cover categories not protected by federal law, such as immigration or citizenship status. Always consult an attorney before attempting to ignore local or federal requirements.
Legally Denying Applicants
Landlords can legally decline an application for the following reasons:
- Incomplete or falsified application
- Insufficient credit score (must be the same standard for all applicants)
- Insufficient income
- Problematic rental history or references
- Criminal record (if the landlord doesn’t use a “blanket policy”)
- Sex offender registry status
- Property incompatibility (e.g., an application for seven people to move into a single-occupancy unit)
Additional State Requirements
Individual states may also have laws which add requirements regarding rental application approval or denial, such as:
- Colorado – application denials must be explained in writing to unsuccessful applicants within 20 days of the decision to deny
- Florida – landlords must inform active-duty members of the military and Florida National Guard within seven days of application whether their rental application is accepted
- Minnesota – application denials must be explained to unsuccessful applicants within 14 days of the decision to deny
- New York – landlords cannot deny an application on the basis of an applicant’s involvement as a party in a landlord/tenant lawsuit or dispute action
- Texas – applications must receive notice of acceptance within seven days (or the date the landlord accepts the application deposit), or else automatically are rejected
- Washington – application denials and “approved with conditions” acceptance must be explained to applicants
- Wisconsin – landlords must accept or deny applications within three days of receiving an application fee, unless a longer time (up to 21 days) is in writing
Denying a rental application is an important and necessary part of the rental application process, best done with a tenant rejection letter.
False or Misleading Information on a Rental Application
Landlords have a legal right to expect that tenants will answer rental applications in a truthful and honest way. False or misleading information on a rental application is usually grounds for immediate denial of that application. Some states also provide legal consequences for deceptive applicants, including the following:
- Alabama – landlords can evict tenants who put false or misleading information on their rental application
- Arizona – landlords can evict a tenant for false information regarding criminal background or eviction history, and can demand that a tenant correct false information about the following within ten days or be evicted:
- Number of occupants
- Pets
- Income
- Tenant Social Security number
- Employment status
- Kansas – tenants face fines or even jail for falsifying information on a rental application
- Minnesota – landlords can charge a $500 fine for tenants who falsify or omit information on the rental application
Landlords in most situations can provide tenants with a notice to quit for providing false or misleading information on rental application.
Application Fee Regulations
Some states regulate the maximum fee for a rental application. This table describes state-specific guidelines for what a landlord can charge:
| State | Maximum Application Fee | |
| Alabama | No regulation | |
| Alaska | No regulation | |
| Arizona | No regulation | |
| Arkansas | No regulation | |
| California | As of 2023, $59.67 per applicant (adjusted yearly based on CPI and inflation) | |
| Colorado | Any amount up to the landlord’s actual cost expended on screening | |
| Delaware | 10% of the monthly rent or $50 (whichever is greater) | |
| Florida | No regulation | |
| Georgia | No regulation | |
| Hawaii | Actual cost of any screening reports or services | |
| Idaho | No regulation | |
| Illinois | No charge, if the tenant brings a qualifying reusable screening report; otherwise, charges may reflect the actual cost of screening services | |
| Indiana | No regulation | |
| Iowa | No regulation | |
| Kansas | No regulation | |
| Kentucky | No regulation | |
| Louisiana | No regulation | |
| Maine | No regulation | |
| Maryland | No regulation | |
| Massachusetts | ONLY real estate agents or brokers (i.e., not landlords) may charge application fees to potential tenants, with strict notice and disclosure requirements, but there is no statutory maximum amount | |
| Michigan | No regulation | |
| Minnesota | Whatever the screening service charges for its research | |
| Mississippi | No regulation | |
| Missouri | No regulation | |
| Montana | No regulation | |
| Nebraska | No regulation | |
| Nevada | No regulation | |
| New Hampshire | No regulation | |
| New Jersey | No regulation | |
| New Mexico | No regulation | |
| New York | Actual cost of screening or $20, whichever is less (except co-ops and condos, which are not regulated). The applicant must receive copies of the background and credit check paperwork plus a receipt or invoice from the screening company that performed the background check. Applicants may provide a screening report dated within the past 30 days instead of paying a screening fee | |
| North Carolina | No regulation | |
| North Dakota | No regulation | |
| Ohio | No regulation | |
| Oklahoma | No regulation | |
| Oregon | No regulation | |
| Pennsylvania | No regulation | |
| Rhode Island | No regulation | |
| South Carolina | No regulation | |
| South Dakota | No regulation | |
| Tennessee | No regulation | |
| Texas | No regulation | |
| Utah | No regulation | |
| Vermont | No fees allowed for a residential rental application, but a landlord may pass the cost to a potential tenant when paying for a background check | |
| Virginia | $50 (or $32, for HUD-regulated units), plus any additional amount necessary to pay for third-party screening services and similar checks | |
| Washington | Actual cost of any screening reports or services | |
| Washington D.C. | No regulation | |
| West Virginia | No regulation | |
| Wisconsin | No limit on the amount of a rental application / “earnest money deposit” fee; maximum $20 for a credit check (can only charge if the tenant will not provide a credit report less than 30 days old) | |
| Wyoming | No regulation |
State laws only represent one possible source of regulation for a rental application fee. Cities and counties frequently impose their own standards and guidelines. Always check local laws.
Sources
- 1 Col. Rev. Stat. § 38-12-903
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(1) A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord’s costs in processing the rental application. The landlord’s costs may be based on:
(a) The actual expense the landlord incurs in processing the rental application; or
(b) The average expense the landlord incurs per prospective tenant in the course of processing multiple rental applications.
(2) A landlord shall not charge a prospective tenant a rental application fee:
(a) That is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:
(I) The same dwelling unit; or
(II) If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord; or
(b) If the prospective tenant provides to the landlord a portable tenant screening report pursuant to section 38-12-904 (1.5).
(3)(a) A landlord shall provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord’s anticipated expenses for which the fee will be used or an itemization of the landlord’s actual expenses incurred. If a landlord charges an amount based on the average cost of processing the rental application, the landlord shall include information regarding how that average rental application fee is determined.
(b) A landlord shall provide every prospective tenant with a receipt for any application fee received. The landlord may provide a prospective tenant an electronic receipt unless the prospective tenant requests a paper receipt, in which case the landlord shall provide the prospective tenant a paper receipt.
(4) A landlord who receives a rental application fee from a prospective tenant and does not use the entire amount of the fee to cover the landlord’s costs in processing the rental application shall remit to the prospective tenant the remaining amount of the fee. The landlord shall make a good-faith effort to remit such amount within twenty calendar days after processing the application.
Source Link - 2 Tex. Prop. Code § 92.3515
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(a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord’s tenant selection criteria and the grounds for which the rental application may be denied, including the applicant’s:
(1) criminal history;
(2) previous rental history;
(3) current income;
(4) credit history; or
(5) failure to provide accurate or complete information on the application form.
(b) If the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant.
(c) The acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: “Signing this acknowledgment indicates that you have had the opportunity to review the landlord’s tenant selection criteria. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded.”
(d) The acknowledgment may be part of the rental application if the notice is underlined or in bold print.
(e) If the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit.
(f) If an applicant requests a landlord to mail a refund of the applicant’s application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant.
Source Link - 3 Haw. Rev. Stat. § 521-46
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(a) When a landlord or the landlord’s agent receives a request from an applicant to rent a dwelling unit, the landlord or the landlord’s agent may charge the applicant an application screening fee at the time the application is processed for the dwelling unit to cover the costs of obtaining information about the applicant; provided that a landlord or the landlord’s agent shall only charge an application screening fee for an applicant who is eighteen years of age or older or an emancipated minor. Information sought by the landlord or the landlord’s agent charging the fee may include personal reference checks, tenant reports, criminal background checks, and credit reports produced by any consumer credit reporting agency.
(b) Upon request by the applicant, a landlord or the landlord’s agent shall provide to the applicant a:
(1) Receipt for payment of the application screening fee; and
(2) Breakdown of costs covered by the application screening fee.
(c) A landlord or the landlord’s agent shall return to the applicant any amount of the application screening fee that is not used for the purposes authorized by this section within thirty days after the landlord has submitted screening requests.
(d) For the purposes of this section:”Consumer credit reporting agency” has the same meaning as in section 489P-2.”Credit report” has the same meaning as in section 489P-2.
Source Link - 4 765 ILCS 705/25(b) - (d)
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(b)(1) If a prospective tenant provides a reusable tenant screening report that meets the following criteria, the landlord may not charge the prospective tenant a fee to access the report or an application screening fee. Those criteria include the following:
(A) the report was prepared within the previous 30 days by a consumer credit reporting agency at the request and expense of a prospective tenant;
(B) the report is made directly available to a landlord for use in the rental application process or is provided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all State and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer credit reporting agency;
(C) the report is available to the landlord at no cost to access or use; and(D) the report includes all of the criteria consistently being used by the landlord in the screening of prospective tenants.
(2) A landlord may require an applicant to state that there has not been a material change to the information in the reusable tenant screening report.
(c) If an ordinance, resolution, regulation, administrative action, initiative, or other policy adopted by a unit of local government or county conflicts with this Act, the policy that provides greater protections to prospective tenants applies.
(d) Nothing in this Section prohibits a landlord from collecting and processing an application in addition to the report provided, as long as the prospective tenant is not charged an application screening fee for this additional report.
(1) If a prospective tenant provides a reusable tenant screening report that meets the following criteria, the landlord may not charge the prospective tenant a fee to access the report or an application screening fee. Those criteria include the following:
(A) the report was prepared within the previous 30 days by a consumer credit reporting agency at the request and expense of a prospective tenant;
(B) the report is made directly available to a landlord for use in the rental application process or is provided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all State and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer credit reporting agency;
(C) the report is available to the landlord at no cost to access or use; and
(D) the report includes all of the criteria consistently being used by the landlord in the screening of prospective tenants.
(2) A landlord may require an applicant to state that there has not been a material change to the information in the reusable tenant screening report.
(c) If an ordinance, resolution, regulation, administrative action, initiative, or other policy adopted by a unit of local government or county conflicts with this Act, the policy that provides greater protections to prospective tenants applies.
(d) Nothing in this Section prohibits a landlord from collecting and processing an application in addition to the report provided, as long as the prospective tenant is not charged an application screening fee for this additional report.
Source Link
