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.
While every rental application and situation are different, the following steps describe a process that will cover most elements of a responsible tenant screening:
Show the rental unit and meet potential tenants.
Provide interested tenants with a rental application. When completed, collect rental applications ( must include signed consent and acknowledgement!), plus fees.
Conduct reference checks with the past landlords or employers of applicants, asking questions such as the following:
Review and make a decision, ideally accepting multiple applications on a first-come, first-serve basis approved off the following criteria:
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.
Some state laws specify disclosure or retention requirements for rental applications, including the following:
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:
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.
Landlords can legally decline an application for the following reasons:
Individual states may also have laws which add requirements regarding rental application approval or denial, such as:
Denying a rental application is an important and necessary part of the rental application process, best done with a tenant rejection letter.
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:
Landlords in most situations can provide tenants with a notice to quit for providing false or misleading information on rental application.
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 | No regulation |
| Idaho | No regulation |
| Illinois | No regulation |
| 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.
Are You Required to Submit a Rental Application in Order to Rent? There are no laws that require this, but most landlords are unwilling to rent to a tenant who doesn’t fill out an application. Read more » Do You Have to Pay to Submit a Rental Application? Only two states prohibit rental application fees: Massachusetts and Vermont. Read more » For What Reasons Can a Rental Application Be Denied? A few of the most common reasons are: not enough income to cover rent, poor credit, too many occupants for the rental unit, bankruptcies, and poor rental history/bad references. Read more » How Long Does a Landlord Have to Make a Decision About a Rental Application? Most states don’t put a timeframe on this, but for the few that do, it can range from three to 21 days. If it’s been a few days and a tenant hasn’t heard back, it’s a good idea to check in with the landlord and ask if a determination has been made. Read more » Does a Landlord Have the Right to Run a Credit Check or Background Check Before Approving a Rental Application? Yes, this is allowed in every state. Read more » Can You Sue If Your Rental Application Is Denied? That depends on why the rental application was denied. If the reason for denial qualifies as discrimination under federal, state, or local anti-discrimination laws, then that could be an option. Read more » If Your Rental Application Is Approved, Do You Have to Sign a Rental Agreement or Lease? No. It’s okay for tenants to fill out the application, have it approved, and then choose to live somewhere else. An approved rental application is not a contract saying the tenant will rent from this landlord. Read more »
Residential Lease Agreement
Landlord Reference Letter
