Tenant screening is your opportunity to learn as much as you can about prospective tenants.
However, this doesn’t mean you can ask anything and everything. Renters are protected under federal law against discrimination. You should learn as much as possible during screening, but if you aren’t careful, you could end up with a lawsuit on your hands.
So, what should you ask renters? What should you avoid?
Depending on the laws in your state, questions that directly address a tenant’s qualifications to rent your property are allowed. These include income, employment history, criminal and credit history, and renting experience.
Asking about personal information like race, religion, ethnicity, or other groups protected under the Fair Housing Act is not allowed.
Below are some more dos and don’ts for learning about your prospective tenants during screening.
Table of Contents
Do Ask About Income/Employment
Income and employment are two of the most important rental qualifiers.
If a prospective tenant doesn’t have a stable job with sufficient income, they won’t be able to afford your rent. This means late or unreliable payments and possible evictions.
It’s your responsibility to do everything you can to prevent evictions. This means only accepting applicants who are financially prepared to pay your rent. You should ask applicants to provide income and employment details on your rental application.
Also, ask for the names and contact information of current or prior landlords/employers. Follow up with these references to get the most accurate picture of your potential new tenant.
Do Inquire About Criminal Convictions
Before accepting a tenant, you should know whether they have been convicted of a crime.
Be careful of how you word this question on your rental application. Don’t ask whether applicants have ever been arrested – only inquire about criminal convictions.
Even still, it may not be legal in your state to use the information you learn from this question to discriminate against applicants. You may only deny a renter if their criminal background suggests they will be a danger or risk to your resident community (or if they fail to satisfy the other income, employment, or credit criteria).
Do Get Details
You should also ask for additional details regarding the applicant’s general information and preferences on your rental application.
These questions include:
- Contact information
- Planned move-in date
- Preferred floor plan or unit
- Miscellaneous preferences (window view, proximity to on-site laundry, unit features)
- Price ranges
- Emergency contact information
Also, remember to ask for the applicant’s signature as permission to run a credit and background check.
Don’t Mention Information Protected Under the FHA
The Federal Fair Housing Act (FHA) provides a set of expansive protections for renters against unlawful discrimination. The FHA outlines seven protected categories: race, ethnicity, color, religion, sex/gender, familial status, and disability.
To avoid a discrimination lawsuit, do not mention or ask renters to provide information about any of the above categories. Check the local and state laws in your area as well—these may provide extra protections, such as marital status, veteran status, or others.
Don’t Ask Personal Questions
Personal questions can vary by content and intent. Of course, you’ll need to ask some personal questions on your rental application: contact information, date of birth, etc.
However, other personal questions may be determined to violate the fair housing act. If it’s not clear why you would need the information to qualify an applicant, reconsider asking the question or seek a second opinion from a legal expert.
In general, avoid asking about marriage/divorce/relationship status, arrest records, sexuality, lifestyle choices, or other personal topics.
Utilizing Resources for Effective Tenant Screening
Successful landlords prioritize tenant screening to ensure reliable tenants. While screening is a significant responsibility, tools like rental property management software can help make the process easier and faster. Many platforms offer tenant screening tools with automatic prequalification and communication features.
Beyond technology, it’s never a bad idea to see a legal expert for more information about the laws in your area. It’s better to do your research ahead of time than end up in court.
By taking advantage of your resources and following the guidelines above about what to ask and not ask renters, you are sure to find excellent residents for your community.
