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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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A rental application is a means of checking prospective tenants to see if they would be a good fit for your property. They are generally filled in by tenants after they have viewed the property and are wanting to move forward with the process. An effective application can be the difference between quickly finding a reliable tenant and ending up with high vacancy and eviction rates.
One of the most important things to be aware of when selecting potential tenants is your state’s rental application laws, as these vary depending on your jurisdiction.
If you’re creating and screening rental applications in Florida, here is everything you need to know to ensure you remain compliant with the law.
When compiling your rental application, you should include relevant and useful questions for the potential tenant to answer. Bear in mind that it will be easier for you to screen tenants if you have more information to base your decision on, so it’s a good idea to be thorough here. Some useful questions to ask are some related to:
Additionally, you might ask for information regarding:
Create a free rental listing and share it across top rental listing sites like Zillow and Zumper with a click. Automatically prescreen leads an streamline the entire rental application and tenant screening process with a full online rental application built-in and comprehensive credit and background check reports. Make sure you have all the information you need to make the best tenant selection decision possible.
Regardless of where your rental property is located, the Fair Housing Act (FHA) stipulates that certain protected classes can not be discriminated against. These protected classes are:
This means that applicants cannot be turned down for any one of these reasons. Questions about these protected classes are not considered relevant or fair, so should not be included in your rental application in Florida.
Furthermore, landlords in all states must not discriminate against applicants with emotional support animals (ESA). This means that you cannot legally decline an applicant based on the fact that they have an ESA, even if you have a no-pets clause in your lease. Even if you do allow pets normally, you may not impose a pet deposit, pet rent or pet fees for ESAs.
Instead, you may choose to reject rental applications based on the following criteria:
Exemptions to the FHA for Florida Rental Applications
There are some types of housing that are excluded from the FHA including private clubs and senior housing. You can find more information about FHA exemptions here.
There is one big point of difference between rental applications in Florida and other states. In Florida, there are explicit laws that prevent the discrimination of service members.
A rental application submitted by a prospective tenant who is a service member must be processed within seven days after submission. If the service member is not notified in writing of approval or denial (with a reason for rejection), the lease will automatically go into effect. This is irrespective of your own tenant screening guidelines.
Given the relatively tight turnaround time expected here, it’s a good idea to include a question on the rental application regarding whether or not the tenant is an active service member. If you find yourself inundated with applications, this question will allow you to filter them by importance. At the very least, you can make a start by prioritizing the applications that are on a tight time frame.
Even if you do not end up with applications from active service members in Florida, it’s still good practice to process your applications as quickly as possible. This will help you to minimize the amount of time it takes to fill a vacancy, leading to higher rental return rates.
Once you have established all of the information you need to collect as part of your rental application in Florida, you’ll likely want to charge prospective tenants an application fee to cover the cost of checking their income, credit history, and landlord references.
The amount a landlord can charge for a rental application varies from state to state. The state of Florida does not limit the amount a landlord can charge for application fees. Instead, it is advised that they do not charge more than the average out-of-pocket expense. For this reason, most application fees will be around $30-$50.
As a landlord in Florida, it is up to you whether you pay this fee yourself, or pass it on to the tenant. If you are using property-management software like Landlord Studio, there is a built-in tenant screening service. Tenant screening reports with Landlord Studio cost as little as $45 per report and this expense can easily be passed onto the tenant.
Related: Rental Application Fee Laws: A State By State Guide
Although Florida has no cap on the amount a landlord can charge for rental application fees, it's recommended to stay within a typical price range to avoid discouraging prospective tenants from applying. Additionally, landlords are required to keep rental application fees in a separate account from other rental charges, such as rent and security deposits.
In Florida, landlords are not required to refund any rental property application fees even if they reject the rental applicant or the applicant withdraws their application.
Whether your rental properties are in Florida, California, or New York, you will encounter different laws for rental applications and fees. Familiarize yourself with the differences before taking applications, to ensure you remain within the guidelines.
Learn: State by State Guide to Landlord Tenant Laws
Regarding tenant background check laws in Florida, landlords must obtain written consent from tenants to check their credit history during the screening process, as required by the Federal Credit Reporting Act (FCRA). However, landlords do not need permission to investigate a tenant’s eviction or criminal history.
Related: How To Run A Background Check On Renters
To make the rental application process as smooth as possible, aim to be consistent and clear with your application and tenant screening process.
Using Landlord Studio you can streamline the entire tenant selection process. Create a free rental listing and syndicate it across all the top channels and automatically prescreen tenants. You can then easily communicate with leads, collect tenant applications, and run a comprehensive tenant screening report all from inside the app.
Get invaluable insights and have complete confidence in your tenant selection decision.
On top of our free listing, application, and screening features you can also, track leases and manage tenants, track property maintenance, automate rent collection, and easily track income and expenses.
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There is state-specific legislation when it comes to rental applications in Florida, so it is essential to be aware of it before you start screening prospective tenants. Consider protected classes, ESAs, and service members to protect yourself in the event of a lawsuit.
When managed appropriately, the rental application and overall tenant screening process will be quick and effective, saving you time, money, and effort.
