To fill your vacancy in The Palmetto State, you’ll need the proper South Carolina rental application. Whether you’re using a paper document or an online rental application, a better form leads to better tenant experiences.
In this guide, we’ll cover:
- The information your application form should collect
- A quick guide to tenant screening
- Federal and South Carolina rental application laws
- Pets, ESAs, and service animals
- Denial processes
- Best practices to avoid fraud
We’ll also share a helpful free application template created specifically for South Carolina landlords. Let’s dive in.
Information to Collect
Landlords use applications to ask for:
- Name and contact information
- Employment and income
- Social Security number
- Date of birth
- Rental history
- References
- Animals
- Smoking status
- Vehicles
- Emergency contact
Don’t forget to ask for supporting documentation, such as proof of income and forms of identification.
Co-signers: If there’s a co-signer involved, you’ll need their name, contact information, income details, and consent for a credit and tenant background check.
A word on rental application laws: Since these forms discuss sensitive information, legal guidelines define:
- The questions landlords may ask renters
- The information landlords can gather from renters
- The way landlords use applications to select a tenant
We’ll review these laws in detail in the following sections.
Quick Guide to Screening a Tenant
Every renter and application is unique, but we’ve outlined a process covering most elements of responsible screening.
1. Pre-Screen
Use a pre-screener to identify renters who are a good fit for your listing before they apply. When renters find your online listing, a pre-screener takes a sample of their:
- Contact details
- Move-in timeline
- Employment
- Income
- Credit score
- Household size
- Animals
Many pre-screeners also allow renters to leave comments or submit questions. If their pre-screener meets your criteria, you can send them your rental application form.
Keep in mind: Even though a pre-screener helps you sort through leads, it can’t replace your full application.
2. Conduct Showings
Show the rental to allow renters to see the house or apartment in person. Visiting the listing helps them imagine themselves living there, which can get people excited to apply.
Before meeting with potential tenants, consider baking cookies or putting out fresh flowers. These small details help make the space feel like home.
3. Distribute and Collect Applications
When a renter expresses interest and passes a pre-screener, send them a rental application form. Once they finish filling it out, check that they’ve paid any fees and signed the consent and acknowledgment.
South Carolina Application Laws
Different states have their own landlord-tenant rights and rental laws. The South Carolina Fair Housing Law prohibits landlords from discriminating against applicants based on:
- Race
- Color
- Religion
- Sex
- Handicap
- Familial status
- National origin (S.C. Code § 31-21-50)
Since South Carolina law only protects these characteristics, landlords can legally consider excluded traits, such as gender identity, sexual orientation, source of income, and age when choosing their next tenant.
When it comes to an applicant’s criminal background and eviction records, there are no laws in South Carolina preventing landlords from using them to make a decision.
Portable tenant screening reports: Landlords in South Carolina can use portable tenant screening reports if they choose to.
Pets, ESAs, and Service Animals
Use your South Carolina rental application to collect information about pets, service animals, and Emotional Support Animals (ESAs).
Include a section on your form asking for each animal’s name, breed, weight, and service status.
Service animals, ESAs, and the Fair Housing Act (FHA): The FHA prohibits landlords from denying or discriminating against renters based on their service animal or ESA. Landlords can’t charge any fee (pet rent, pet fee, or pet deposit) for service animals or ESAs or discriminate against applicants based on the animal’s breed, weight, or size (Fair Housing Act).
Landlords can’t deny renters because they have service animals or ESAs, but they can hold them responsible for any damages their animals cause.
Federal Application Laws
Since these federal laws apply to your South Carolina rental application, keep them top of mind:
Equal Credit Opportunity Act (ECOA): Landlords can’t discriminate against renters based on public assistance. The ECOA outlines how landlords assess rental applications and reporting guidelines for applicants (Equal Credit Opportunity Act).
Americans with Disabilities Act (ADA): You must accommodate renters with disabilities, and you can’t discriminate against renters solely based on their condition (Americans with Disabilities Act).
Fair Housing Act (FHA): The FHA protects the following renter characteristics:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
Landlords can’t ask questions about these traits, offer unequal rental terms, or use discriminatory advertising (Fair Housing Act).
Fair Credit Reporting Act (FCRA): Landlords need an applicant’s written consent before conducting a credit check. If you deny applicants based on their credit check, you must inform them (Fair Credit Reporting Act).
4. Use a Third-Party Screening Service
Avoid post-move-in surprises by using TurboTenant to conduct all credit, eviction, and background checks. Remember to always practice consistent screening across all applicants.
5. Check Application References
Ask these sample questions when speaking to an applicant’s references:
- Would you rent to this tenant again?
- Did they ever miss rent payments?
- Did they keep the property in clean, undamaged condition?
- Did they violate your lease?
6. Approve or Deny Applications
Before coming to a decision, conduct due diligence and fact-check the details of each application. False information is cause for immediate denial.
Consider the following:
- Rental history: If a renter has less than 1 year of rental history, ask for a co-signer.
- Rent-to-income ratio: Use a rent-to-income ratio calculator to ensure the rent is less than 30% of the renter’s gross monthly income.
- Credit score: Most landlords set a minimum credit score requirement of 600–670.
After you’ve accepted multiple applications, operate based on a first-come, first-served basis.
Denial Process
In South Carolina, reasons for denial include insufficient income, low credit, adverse rental history, false information, and criminal background.
To avoid discrimination claims, always practice a consistent denial process across all applicants.
Denial notice: The only time a landlord is required to send a tenant rejection letter in South Carolina is when their decision is based on a credit or background check. In this case, the FCRA requires you to send the applicant an adverse action notice, including:
- The reporting agency’s name and contact details
- The renter’s right to dispute errors (Fair Credit Reporting Act)
Document storage: In case anyone files a discrimination claim, keep denied applications and screening reports for 2–3 years.
Avoiding Fraud
Here’s how top landlords spot rental application fraud:
- Run eviction, credit, and criminal background checks
- Verify the applicant’s identity
- Confirm employment and income details
- Fact-check the renter’s documents
