The rental application is where a tenancy decision is either made defensible or quietly made indefensible. It is the document that establishes identity, collects the consent that lets you screen at all, and sets the criteria you will be judged against if the decision is ever challenged. This page covers what to collect, what consent you need, and the rules that govern what you do with the answers.
What the application should collect
Full legal name, date of birth and current and previous addresses, because those are what a screening company needs to search accurately. Employment and income details with a way to verify them. Previous landlord contacts. And a clear, separate authorisation to obtain a consumer report. Ask every applicant for the same information in the same form: a process that varies between applicants is the single easiest way to end up with a fair housing problem, whatever your intentions were.
Consent, because a tenant screening report is a consumer report
When you obtain a tenant screening report from a consumer reporting agency, the FCRA applies to you as it does to an employer. You need a permissible purpose, which a genuine application for tenancy gives you, and you must certify that purpose to the provider. If you then decline the applicant, raise the deposit or require a guarantor because of something in the report, that is adverse action and you owe the applicant notice identifying the reporting agency and telling them they may obtain a free copy of the report and dispute it.
Write your criteria down before you screen
Decide in advance what income multiple you require, what you do about prior evictions, what credit position you accept and how you treat criminal records, and apply it to everybody. Written criteria applied consistently are the strongest answer to a discrimination claim, and they also make the decision faster. HUD's guidance on criminal records in housing is directly relevant here: a blanket refusal to rent to anybody with any record risks a disparate impact violation, and the guidance expects an individualised look at what the record was, when, and its relevance to tenancy.
Application fees and what they may cover
Many states cap what a landlord may charge as an application or screening fee, and several require the fee to reflect the actual cost of the screening plus reasonable administrative time, with receipts or a refund of the unused portion. A few require you to provide a copy of the report to the applicant on request. Check your own state before setting a fee, because this is an area where the rules are specific, local and enforced.
Questions people ask about tenant applications
What should a rental application include?
Full legal name, date of birth, current and previous addresses, employment and income with verification contacts, previous landlord references, and a separate written authorisation to obtain a consumer report.
Do I need permission to screen a tenant?
You need a permissible purpose, which a genuine tenancy application provides, and you must certify it to the screening provider. Getting the applicant's written authorisation is the standard and safest way to evidence it.
What do I owe an applicant I turn down?
If the decision was based on a consumer report, an adverse action notice identifying the reporting agency and telling the applicant they can get a free copy and dispute what it says. That applies to raising a deposit or requiring a guarantor too.
Can I refuse anyone with a criminal record?
A blanket ban risks a fair housing problem. HUD guidance expects an individualised assessment of what the record was, how long ago, and its relevance to the tenancy, rather than an automatic exclusion.