Florida Rental Application

What information should landlords collect?

A Florida rental application gives landlords an early opportunity to evaluate whether a candidate meets their criteria to become their tenant. Collecting the right information beforehand can help prevent issues later on in the leasing process.

Rental applications in Florida typically include:

• Full name and contact information
• Date of birth
• Social Security number
• Employment status and income verification
• Rental history
• Eviction history, if applicable
• References from previous landlords or employers
• Pet status
• Vehicle details

TurboTenant, a property management software platform, offers free online rental application templates designed to help landlords like you save time and stay organized.

Pre-Screener

Before ever issuing a rental application form, Florida landlords often utilize pre-screeners to determine whether or not the candidate meets minimum rental standards.

Typical pre-screener questions cover:

• Full contact information
• Current employment and job title
• Monthly household income
• Self-reported credit score
• Intended move-in date
• Total number of occupants
• Pet ownership details
• Smoking habits or preferences

Pre-screeners can save landlords and tenants time and money, but they are not a viable substitute for detailed, property-specific digital rental applications or comprehensive tenant screening reports.

Federal Application Laws

Before we jump into Florida-specific laws that govern rental applications, let’s explore the federal regulations that aim to create a level playing field for all rental applicants:

Fair Housing Act (FHA)

The Fair Housing Act prohibits landlords from discriminating against applicants based on the following protected characteristics:

• Race
• Color
• National origin
• Religion
• Sex
• Disability
• Familial status

The FHA aims to prevent leading questions within rental applications that could reveal protected information about an applicant, such as, “What country were you born in?”

Federal FHA laws apply to property owners, landlords, property managers, employees, or anyone else who markets rental properties and makes decisions regarding tenant selection.

Equal Credit Opportunity Act (ECOA)

The Equal Credit Opportunity Act discourages discrimination in credit-related transactions (including rental applications) involving credit checks or payment plans.

Similar to the FHA, the ECOA prohibits landlords from choosing or rejecting applicants based on:

• Race
• Color
• Religion
• National origin
• Sex
• Marital status
• Age (if the applicant is legally able to enter a contract)
• Receipt of public assistance income
• Whether the applicant has exercised rights under the Consumer Credit Protection Act

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act forbids landlords from discriminating against applicants with disabilities. Further, this law states that landlords must make reasonable accommodations for disabled tenants, such as wheelchair ramps, reserved parking spaces, and more.

To avoid potential discrimination claims, landlords should refrain from using language within rental applications that could reveal information about an applicant’s disability, such as, “Are you deaf or blind?”

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act regulates how landlords can use tenant credit and background reports during the rental application process.

Landlords must obtain written permission from applicants before running a credit or background check, notify applicants who have been denied housing due to information in the report, and provide an adverse action notice with the name and contact info of the reporting agency.

Civil Rights Act of 1866

The Civil Rights Act of 1866, passed directly after the Civil War, affirms that all U.S. citizens possess the same personal property rights, regardless of race or color. This act aims to prevent racial discrimination in any property transaction—rental, purchase, or otherwise.

Florida Application Laws

While Florida landlords must follow all the aforementioned federal laws to prevent discrimination during the rental process, they must also follow local laws like the Florida Fair Housing Act.

Beyond the Florida Fair Housing Act (which is extremely similar to the Fair Housing Act), landlords must adhere to the following Florida-specific legislation when sending and receiving rental applications.

Florida Residential Landlord and Tenant Act

Chapter 83 of the Florida Statutes details the rights and obligations of Florida landlords and tenants, which includes specific legislation that pertains to rental applications.

Specifically, though landlords are free to charge as they see fit for application fees, fees should reflect the actual screening costs. Furthermore, landlords must keep these fees separate from other charges, like rent and security deposits.

In alignment with the FCRA, Florida landlords must obtain written consent from applicants before running credit checks. They don’t need permission, however, before looking into a tenant’s eviction or criminal history.

Rental Applications by Servicemembers

Per Section 83.683 of the Florida Statutes, landlords must process rental applications from active-duty servicemembers within seven days. Failure to do so will result in an automatic approval of the rental application.

Sexual Orientation & Gender Identity

In 2021, the Florida Commission on Human Relations declared that it would interpret the Florida Civil Rights Act to provide protections for individuals based on their sexual orientation and gender identity.

Pets, ESAs, and Service Animals

Florida landlords who allow pets in their rentals should include a specific section within the application to collect key details, such as the animal type, breed, and size. Landlords can create criteria for the types of pets allowed within their rentals but cannot deny tenants because they have emotional support animals (ESAs) or service animals.

The Fair Housing Act protects tenants with emotional support animals (ESAs) and/or service animals. Per federal law, ESAs and service animals are not considered pets, and landlords cannot deny an applicant housing because of them.

Additionally, landlords can’t reject applicants due to an ESA or service animal’s breed, size, or weight, even if it conflicts with the rental unit’s pet policies. They also can’t administer additional fees, deposits, or pet rent to tenants with ESAs or service animals.

Denial Process

Florida landlords must deny applicants based on non-discriminatory factors, which include:

• Income
• Employment status
• Credit score
• Eviction history
• Criminal background
• False or misleading information in the application

Denial Notice

Florida law doesn’t require landlords to give tenants a written denial notice when rejecting an application for tenancy unless the denial is based on information obtained from a credit report.

Credit/Background Denials

The FCRA law requires that landlords provide denied applicants with an adverse application notice, which must include the following:

• The name and contact information of the credit or background check provider
• A summary of the applicant’s rights
• The contact details of the agency that issued the report
• A statement informing the tenant of their right to dispute the information provided in the report

Document Storage

Florida laws do not regulate how long landlords must keep denied rental applications or screening reports. However, common practice among landlords is to keep these documents for at least two years from the date of denial before responsibly disposing of them.

Retaining denied rental applications or screening reports could help protect landlords during legal disputes or investigations from fair housing authorities.