When renting out a property, it’s crucial for landlords and property managers to screen prospective tenants to ensure they are a good fit for the property and can meet their financial and maintenance obligations. To do this effectively, landlords should have a set of standard questions to ask on tenant screening applications. In this article, we will go over some tenant screening questions that are illegal to ask as well as  the most essential questions you should ask to make informed decisions about who to rent to.

Tenant Screening Questions You Can’t Ask

The Fair Housing Act and other anti-discrimination laws regulate the types of questions that landlords and tenant screening companies can ask during the rental process. Some questions that are considered illegal and cannot be asked include:

1. Questions related to race, color, national origin, religion, sex, familial status, or disability: This includes asking about a person’s ethnic background, religion, or disabilities, as well as asking about their family status, such as whether they have children or are pregnant.
2. Questions about arrest or conviction records: Landlords cannot ask about an applicant’s arrest record, except in limited circumstances where the arrest resulted in a conviction for a crime related to the rental property.
3. Questions about immigration status: Landlords cannot ask about a person’s immigration status or citizenship, as immigration status is protected under federal law.
4. Questions about sexual orientation or gender identity: Landlords cannot ask about an applicant’s sexual orientation or gender identity, as this information is protected under anti-discrimination laws.
5. Questions about credit history that disproportionately affect certain groups: For example, asking about an applicant’s credit history in a way that unfairly impacts individuals with disabilities, or individuals of a certain race, is illegal.

It is important for landlords to understand what questions they can and cannot ask during the tenant screening process to avoid potential lawsuits and to promote equal housing opportunities for all applicants.

Here are some examples of questions that a landlord or property manager cannot ask on a rental application:

1. What is your ethnicity or race?
2. Are you pregnant or planning to start a family?
3. Have you ever been arrested?
4. Are you a citizen of the United States?
5. What is your sexual orientation or gender identity?
6. Do you have a disability or require any special accommodations?
7. What is your religion or religious beliefs?
8. Have you ever filed for bankruptcy?

Asking these types of questions on a rental application is illegal and violates fair housing laws. Landlords should instead focus on asking questions related to a tenant’s rental history, employment, and income, as well as their ability to pay rent and maintain the property. The goal should be to obtain information that will help the landlord make an informed decision about the tenant’s suitability as a renter, without violating anti-discrimination laws.

Tenant Screening Questions you Can Ask

When evaluating a tenant’s application, landlords and property managers typically ask questions to assess the tenant’s ability to pay rent and care for the property. Here are some common questions that landlords can ask:

1. Personal information: Name, contact information, date of birth, and social security number
2. Employment: Employment as a student, employed, self-employed, or retired
3. Rental history: Previous addresses, landlord contact information, and reasons for leaving
4. Employment history: Current and past employment information, job title, and employer contact information
5. Income: Gross monthly income, source of income, and additional sources of financial support
6. Credit and criminal history: Authorization for a credit check and criminal background check
7. Emergency contact: Name, relationship, and contact information for an emergency contact
8. Pet ownership: Information about any pets the tenant may have, including breed, weight, and age

By asking these questions, landlords can gather important information about a tenant’s rental history, employment stability, financial stability, and overall suitability as a tenant. This information can help landlords make informed decisions about who they rent to, and ensure a positive rental experience for everyone involved.

Rental Application Example

Here’s an example of how the common tenant screening questions could be worded on a rental application:

1. Personal information:

• Full legal name: _________________________
• Date of birth: _________________________
• Current address: _________________________
• Phone number: _________________________
• Email address: _________________________

2. Status:

• Are you a student, employed, self-employed, or retired? _______________

3. Rental history:

• Current address: _________________________
• How long have you lived there? _______________
• Landlord’s name: _________________________
• Landlord’s phone number: _________________________
• Reason for leaving: _________________________

4. Employment history:

• Current employer: _________________________
• Job title: _________________________
• Length of employment: _________________________
• Employer’s phone number: _________________________

5. Income:

• Gross monthly income: _________________________
• Source of income: _________________________
• Additional sources of financial support: _________________________

6. Credit and criminal history:

• I authorize a credit check: [Yes/No]
• I authorize a criminal background check: [Yes/No]

7. Emergency contact:

• Name: _________________________
• Relationship: _________________________
• Phone number: _________________________

8. Pet ownership:

• Do you have any pets? [Yes/No]
• If yes, please list breed, weight, and age: _________________________

This is just an example of how the questions could be worded on a rental application. The exact wording may vary from landlord to landlord, but the goal is to gather the same type of information from all tenants to help make informed decisions about who to rent to.

In conclusion, tenant screening questions play a crucial role in helping landlords and property managers determine the suitability of a prospective tenant. By asking the right questions, landlords can gather important information about a tenant’s rental history, employment stability, financial stability, and overall suitability as a tenant. This information can help ensure a positive rental experience for everyone involved and minimize the risk of potential problems down the road. Keep in mind that it’s important to follow fair housing laws and avoid asking questions that could be considered discriminatory.