A Utah rental application is the first step to finding tenants and filling your vacancy in the Beehive State. Ready to unlock an easy, organized, and convenient rental application process? Try using iPropertyManagement’s free rental application template or a digital landlord toolkit.
Here’s a step-by-step guide to working with your Utah rental application:
Information to Collect
Landlords use their Utah rental application form to collect applicant details, including:
- Applicant, co-applicant, and co-signer names
- Social Security number
- Date of birth
- Email and phone number
- Emergency contact
- Employment, rental, and income history
- References
- Smoking status
- Current, previous, and past addresses
- Information on pets and vehicles
Since this form will gather sensitive renter information, laws dictate:
- What questions landlords can ask
- The information landlords can collect
- How landlords use applications to select renters
Here’s a helpful guide to tenant screening covering Utah rental application laws.
Quick Guide to Screening a Tenant
Rental applications and the situations surrounding them aren’t one-size-fits-all, but these six steps outline a responsible tenant screening process for your Utah listing:
1. Pre-Screen
To kick off the application process, a pre-screener collects information from renters when they find your listing. They ask renters for their:
- Move-in date
- Name, phone number, and email
- Employment, income, and self-reported credit score
- Household size, pets, and smoking
Pre-screeners are a time-saving way to sort through leads and spot qualified renters, but you still need every applicant to fill out your complete online rental application.
2. Conduct Showings
Seeing a listing in person can help renters picture themselves living there. Get renters excited to apply by showcasing the rental through open houses and personalized one-on-one tours.
3. Distribute and Collect Applications
Provide interested renters with your official application form. When you collect the completed form and application fee, verify that the document includes a signed consent and acknowledgement section.
Utah Application Laws
Different states have varying rental application laws and landlord-tenant rights. Here’s what you need to know about the Utah Fair Housing Act:
Source of income: This is a protected characteristic in Utah, so you can’t deny or discriminate against applicants because of their source of income (Utah Code 57-21-5).
Sexual orientation & gender identity: A renter’s sexual orientation and gender identity are protected traits under Utah law, so you can’t consider them when making a decision (Utah Code 57-21-5).
Criminal & eviction history: You can consider a renter’s criminal and eviction history in Utah, but you must apply the same screening processes across all applicants.
Portable tenant screening reports: Utah law permits portable tenant screening reports, but doesn’t require you to accept them.
Pets, ESAs, and Service Animals
Don’t forget to include Fido in your Utah rental application form! You can’t discriminate against renters with an Emotional Support Animal (ESA) or service animal, but you can require tenants to pay for damages caused by their animal.
Pet information: Ask about pets, ESAs, and service animals in the application. Inquire about the animal’s breed, size, and name.
Fair Housing Act: The FHA bans discrimination based on an animal’s certified service status. 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 breed, size, or weight
Federal Application Laws
These four federal application laws apply to every listing in the Mountain West region:
Fair Credit Reporting Act (FCRA): You need a renter’s written consent to conduct a credit check. If you deny an applicant due to their credit history, you must provide them with an adverse action notice (Fair Credit Reporting Act).
Equal Credit Opportunity Act (ECOA): This law protects individuals who receive public assistance, ensuring landlords don’t discriminate against them in credit decisions. It also outlines how landlords assess credit reports and provides guidelines for reporting to applicants (Equal Credit Opportunity Act).
Fair Housing Act (FHA): Landlords (and employees responsible for selecting tenants) can’t discriminate against renters based on their race, color, national origin, religion, sex, familial status, or disability. Landlords can’t deny applicants because of these traits or ask questions about them. The FHA bans discriminatory advertising and unequal rental terms (Fair Housing Act).
Americans with Disabilities Act (ADA): In the U.S., you can’t discriminate against applicants solely based on a disability, and you must accommodate the renter’s condition (Americans with Disabilities Act).
4. Use a Third-Party Screening Service
When it comes time for credit checks and criminal background checks, a digital tenant screening service can help you avoid any post-move-in surprises.
5. Check Application References
Contact the renter’s references to speak with their past landlords/employers. Start with these sample questions, including:
- Would you rent to this tenant again?
- Did this tenant ever miss a rent payment, violate the lease, or receive an official warning?
- What was the listing’s monthly rent?
- Was the apartment/home left in clean, undamaged condition?
6. Approve or Deny Applications
Accept multiple applications on a first-come, first-served basis based on:
- Credit Score: Consider setting a minimum credit score requirement ranging between 600 and 670.
- Rent-to-Income Ratio: Make sure their rent-to-income ratio is 30% or less of the applicant’s gross income.
- Rental History: Request a co-signer for applicants with less than one year of rental history.
Remember, always fact-check the rental application. False information on an application is cause for immediate rejection. Verify the applicant’s identity, documents, employment, and income to spot red flags and avoid rental fraud.
Denial Process
Your denial process must be consistent and legally compliant for all applicants. Insufficient income, poor credit history, negative rental history, criminal background, and false information are all legal reasons for denial.
Denial notice: You’re not required to send tenant rejection letters to applicants in Utah.
Credit/Background denials: When you deny applicants based on a tenant background check or credit check, you must send the applicant an adverse action notice, including:
- The reporting agency’s name and contact information
- The tenant’s right to dispute errors
Document storage: Keep denied applications and screening reports for at least two or three years, since these files can help defend against claims of discrimination.
Avoiding Fraud
Don’t fall victim to rental application fraud. Protect your investment and avoid red flags by:
- Verifying the applicant’s identity and documents
- Confirming the applicant’s income and employment details
- Conducting credit, background, and eviction checks
- Reaching out to the renter’s past landlords
