Rental Application Form

A rental application is how a landlord decides whom to rent to: identity, income, rental history, references and consent to screening. It is also where landlords most often get into legal trouble, by asking questions fair housing law forbids or by running a credit check without proper authorization. A good application asks for what you need, consistently, from everyone.

The question you are not allowed to ask

Questions about national origin, religion, familial status, disability or the other protected characteristics have no place on an application, and asking them can be evidence of discrimination even if the answer is never used. Inconsistency is the other trap: screening one applicant more strictly than another invites a complaint. A written, uniform application, applied the same way to every applicant, is the landlord's best protection.

What the template covers

Identity and contact

Full name, date of birth for screening, current address, phone and email, and every adult who will live in the unit.

Income and employment

Employer, position, income and how it will be verified. Apply the same income standard to every applicant.

Rental history and references

Previous landlords with contact details, reasons for leaving, and permission to contact them.

Screening authorization

Written authorization for credit and background checks, signed before you run them.

Fair housing and screening rules

The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in rental housing based on race, color, religion, sex, familial status, national origin or disability, and many states add protected classes such as source of income. Under the Fair Credit Reporting Act, a landlord needs a permissible purpose to obtain a consumer report (15 U.S.C. § 1681b) and must give an adverse action notice if it denies an applicant based on one (§ 1681m). Some states cap application fees — California Civil Code § 1950.6, for example. The Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, provides that a signature, contract or record may not be denied legal effect solely because it is in electronic form, and every state except New York has adopted the Uniform Electronic Transactions Act; New York reaches the same result through its Electronic Signatures and Records Act.

A landlord who standardized screening

A small landlord in Columbus accepted applications by email in whatever format applicants chose, and screened them inconsistently. After a fair housing inquiry, she moved to one written application that every applicant completes and signs online, including the screening authorization. Every file now looks the same.

What a rental application should include

Questions people ask about this

What questions can't a landlord ask on a rental application?

Questions about protected characteristics under the Fair Housing Act — race, color, religion, sex, familial status, national origin, disability — and any additional classes protected by your state or city.

Do I need permission to run a credit check?

Yes. You need a permissible purpose under the FCRA, and best practice is written authorization signed by the applicant.

Can applicants sign the application online?

Yes. An e-signed application and screening authorization are valid under the ESIGN Act and UETA.

What if I deny an applicant based on their credit report?

The FCRA requires an adverse action notice identifying the reporting agency and the applicant's rights.

Can I charge an application fee?

Many states allow it, sometimes with a cap tied to screening costs. California, for example, limits fees under Civil Code § 1950.6. Check your state before charging.

How long should I keep rental applications?

Keep them for at least the period in which a fair housing complaint could be filed; many landlords keep them two to three years.

Related documents

Create a fillable rental application