Florida Tenant Screening Laws

Finding a reliable and suitable tenant for your rental property depends on how effective your tenant screening process is. 

Tenant screening in Florida involves several processes including evaluating applicants' credit history, rental history, employment verification, and criminal background checks. However, landlords must follow Florida tenant screening laws when screening potential renters. 

For example, landlords are required to manage application fees transparently and obtain written consent before conducting background checks. Also, they are prohibited from discriminatory practices under state and federal laws.

By complying with tenant screening laws in Florida 2024, landlords can mitigate risks and foster positive landlord-tenant relationships while maintaining a fair rental environment. 

Florida Tenant Screening Overview

• Tenant Screening Laws Florida: Federal Fair Housing Act, Florida Fair Housing Act, Fair Credit Reporting Act, Americans with Disability Act.
• Tenant Screening and Application Fees in Florida: There's no legal limit to how much landlords in Florida can charge as a screening fee. Typically, most landlords charge between $20 and $50. Application fees are generally non-refundable, even if the application is denied or withdrawn.
• Screening Criteria Disclosures: Florida requires that landlords provide written screening criteria to tenant applicants before initiating the application process.
• Consent for Background/Credit Checks in Florida: Tenant screening checks in Florida are regulated by the Florida Housing Laws and the Federal Trade Commission’s Fair Credit Reporting Act. 
• Florida Tenant Screening Process: The Florida tenant screening process consists of several steps: pre-screening, application process, background checks, selecting a screening service, evaluation, and notification.

Tenant Screening Laws Florida

Florida has specific laws that govern tenant screening that landlords need to know before conducting tenant screening. Here are some of the key tenant screening laws in Florida:

Federal Fair Housing Act

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. As such, landlords and housing providers must not refuse to sell or rent based on these factors or provide false information about housing availability.

Additionally, the Act allows individuals to file complaints with the Department of Housing and Urban Development (HUD) or pursue lawsuits for discrimination. It also addresses issues like sexual harassment in housing and requires reasonable accommodations for individuals with disabilities. 

Finally, landlords should note that violations of the provisions in this act can lead to enforcement actions by the Department of Justice. So, we recommend they adhere to equitable practices during tenant screening.

Florida Fair Housing Act

The Florida Fair Housing Act adds another layer of protection for tenants in housing-related activities. This act prohibits discrimination in housing based on race, color, national origin, sex, handicap, familial status, or religion. 

Florida Statutes § 760.20–760.37 state that landlords must treat all tenants equally during screening and ensure that no refusal to sell or rent is based on protected classes. Additionally, they cannot misrepresent housing availability or put up advertisements that indicate any preference or discrimination.

Landlords must also allow reasonable modifications for tenants with disabilities and ensure new multifamily dwellings meet accessibility standards. Furthermore, this Act protects individuals who are pregnant or securing custody of minors from discrimination.

Finally, retaliation against tenants exercising their rights under this Act is prohibited, safeguarding them from eviction or harassment for filing discrimination complaints.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) protects consumer privacy and ensures the accuracy of consumer data. Per this Act, landlords must have a "Permissible Purpose" to access tenant credit reports, typically requiring consent from applicants.

Before conducting a background check in Florida for a rental, landlords must inform applicants that their credit information may influence leasing decisions. If adverse information affects the decision, landlords must notify the applicant, provide a copy of the report, and allow time to dispute inaccuracies.

If an application is denied based on the report, an "adverse action notice" must be issued, detailing the reporting agency and how to dispute findings. Non-compliance can lead to legal consequences, including damages and penalties. 

Americans with Disability Act

The Americans with Disabilities Act (ADA) prohibits housing discrimination against individuals with disabilities. Here are some of the key provisions in the Act regarding tenant screening and application in Texas: 

• landlords cannot ask about the nature or severity of a disability or a tenant's ability to live independently,
• denying housing or evicting someone based on disability is prohibited,
• landlords must allow reasonable accommodations, such as service animals in no-pet buildings,
• landlords can request disability verification if clearly linked to the needed accommodation,
• accommodation requests may be denied if they cause undue financial burden or change the property’s nature,
• tenants can request early lease termination if their conditions worsen due to their disability, and 
• landlords cannot charge additional fees or require medical records related to a tenant's disability.

Tenant Screening and Application Fees in Florida

Florida tenant screening law does not impose a statutory limit on how much a landlord can charge as an application fee. Yet, the law requires that these fees be used as intended to cover the costs of screening services. Also, they are expected to be reasonable—typically between $20 to $50. 

Importantly, landlords should note that these application fees are generally non-refundable, even if the application is denied or withdrawn.

Screening Criteria Disclosures

Under Florida tenant screening laws, landlords are required to provide clear and detailed documentation of the screening criteria for rental properties before initiating the application process. This transparency helps potential tenants understand expectations and decision-making processes, reducing the likelihood of misunderstandings and legal disputes.

Additionally, Florida law mandates that landlords provide essential disclosures to tenants prior to the start of the tenancy. Here are some key screening disclosures required in Florida:

• Landlord Identification: Written disclosure of the landlord's name and address is mandatory (Fla. Stat. Ann. § 83.50).
• Fire Protection Information: Tenants must be informed about fire protection availability in buildings over three stories (Fla. Stat. Ann. § 83.50).
• Radon Gas Warning: A specific warning about radon gas must be included in all leases, outlining its health risks and testing information (Fla. Stat. Ann. § 404.056).
• Security Deposit Disclosure: Within 30 days of receiving a security deposit, landlords must inform tenants about the account details where the deposit is held (Fla. Stat. Ann. §§ 83.49, 83.43 (12)).

Consent for Background/Credit Checks in Florida

Landlords are required to obtain written consent from applicants before conducting any background check in Florida for rental, including credit and criminal history checks. 

This consent must be documented on a separate form that clearly outlines the purpose and scope of the checks. Failure to secure this consent violates both Florida Housing Laws and the Fair Credit Reporting Act.

Additionally, while landlords can investigate criminal histories without permission, they must avoid infringing on privacy rights or engaging in discrimination. Adhering to these regulations protects both landlords and tenants, ensuring fair treatment throughout the screening process. 

Free resources: Free Tenant (Renter) Background Check Form - PDF

Florida Tenant Screening Process

Tenant screening in Florida involves several key steps to ensure compliance with state laws and to find suitable tenants. Below is an overview of Florida tenant screening.

Step 1: Collect Applications

Gather applications from all prospective tenants, including essential information such as contact details, employment history, and rental history.

Step 2: Obtain Consent

Before conducting background checks in Florida for rental, secure written consent from applicants for credit and criminal history checks, as required by law.

Step 3: Conduct Background Checks

Perform thorough checks on credit history, criminal records, and eviction history. Ensure that these checks comply with both state and federal fair housing laws to avoid discrimination. A good strategy would be to employ online screening services when carrying out tenant background checks in Florida. 

Step 4: Selecting an Online Tenant Screening Service 

After reviewing countless online tenant screening services, we discovered that the accuracy and comprehensiveness of generated reports are the most important features to look out for. Other factors to consider when choosing an ideal online tenant screening service are,  cost, data security, and the speed of report delivery. 

Landlord Studio is a standout option, providing a thorough tenant screening report for Florida that includes credit scores, rental history, background checks, and eviction records. The best part is that reports can be generated in as little as 30 minutes, with prices starting at $45.

Step 5: Evaluate Applications

Assess applications based on consistent criteria, such as income verification and rental history, to maintain fairness and legal compliance.

Step 6: Notify Applicants

If an application is denied, provide a written notice explaining the reasons for the denial and include contact information for the screening company used.

Florida Tenant Screening Resources

Free Forms and Resources 

• Florida Rental Application Template
• Move-In Move-Out checklist
• Florida Rental Lease Agreement Template 
• Summary of Your Rights Under the FCRA
• Florida Landlord/Tenant Handbook 
• Florida Legislature’s Landlord and Tenant Statutes and Code

Related Articles

• What Is A Tenant Screening Report? Plus Examples
• The Landlord's Guide To Tenant Screening
• 9 Best Background Check And Tenant Screening Services
• Tenant Credit Check: How to Read and Understand the Report
• Portable Tenant Screening Report: A Comprehensive Guide

Conclusion

The most important takeaway from this guide is that landlords should adhere to tenant screening laws in Florida 2024. These regulations are designed to promote transparency in the rental process, fostering trust between landlords and tenants. Violating these laws can lead to significant penalties, including fines and potential legal action. 

Using a reliable online screening service like Landlord Studio can help simplify the process and keep up with the ever-changing regulations. Landlord Studio offers cost-effective tenant screening solutions that focus on legal compliance, comprehensive reporting, and quick turnaround times. 

Sign up for a free account today to streamline your tenant screening Florida.

Florida Landlord Tenant Laws

• Florida Landlord Tenant Laws: Overview
• Florida Security Deposit Laws
• Florida Rent Increase Laws: How Much Can You Raise The Rent?
• Florida Eviction Laws
• A Guide To Florida Rental Applications
• A Guide To Florida Lease Agreements [+Free Template]