What credit score should I require for tenants?

Most landlords set a minimum of 620, though this varies by market. More important than the score itself is the payment history — look for consistent on-time payments, low collections, and manageable debt. Apply the same standard to every applicant to comply with Fair Housing laws.

Can I deny a tenant based on criminal history?

This depends heavily on your state and city. HUD guidance prohibits blanket criminal history bans because they can have a disparate impact on protected classes. California (AB 1008) and several other states require individual assessment. New York's Fair Chance for Housing Act (2024) largely prohibits criminal history screening. Always check your local laws.

How much can I charge for a rental application fee?

California caps application fees at the actual cost of screening, with a maximum of $62.02 in 2026 (adjusted annually). New York caps at $20. Most other states don't set a specific cap but require the fee to be 'reasonable' — typically $30-$75.

Do I need the applicant's permission to run a background check?

Yes. The Fair Credit Reporting Act (FCRA) requires written consent from the applicant before pulling a credit report or background check. You must also provide a written adverse action notice if you deny the application based on the results.

Can I refuse to rent to someone with a Section 8 voucher?

In many states, no. California, Washington, Oregon, New York, Illinois, New Jersey, Connecticut, Massachusetts, Minnesota, and several other states have source-of-income protection laws that prohibit refusing tenants solely because they use a housing voucher. Check your state and local laws.

Landlord Guide

How to Screen Tenants as a Landlord

The right screening process prevents $5,000–$30,000+ in bad-tenant costs. Here’s how to do it legally.

Quick Answer

Effective tenant screening checks five things: credit history, criminal background, eviction history, income verification, and rental references. Apply the same criteria to every applicant to comply with Fair Housing laws. The FCRA requires written consent before pulling credit, and you must send an adverse action notice if you deny based on the report.

What to Check (and Why)

Check	What You’re Looking For	Red Flags
Credit Score	620+ preferred; payment history	Collections, bankruptcies, high debt-to-income
Income	3x monthly rent minimum	Unverifiable income, frequent job changes
Rental History	2+ years of on-time payments	Eviction history, broken leases, landlord disputes
Criminal Background	No violent or property crimes	Recent convictions (must evaluate individually)
Employment	Stable employment or verifiable income	Cannot verify employment, gaps with no explanation

Income Verification

The standard is 3x monthly rent in gross income. Request:

Pay stubs — last 2–3 months (verify employer name matches application)
Tax returns — for self-employed applicants, request last 2 years
Bank statements — verify consistent deposits match stated income
Employment verification letter — direct from employer confirming position and salary

Running a Credit and Background Check

FCRA requirements (federal law, applies everywhere):

Get written consent from the applicant before pulling their credit report
Use a permissible purpose — tenant screening qualifies under 15 U.S.C. § 1681b(a)(3)(F)
If you deny based on the report, send a written adverse action notice within a reasonable time, including the name and contact of the reporting agency and the applicant’s right to dispute

Fair Housing: What You Can and Cannot Ask

You CAN Ask	You CANNOT Ask
Current employer and income	Race, religion, national origin
Rental history and references	Familial status or pregnancy plans
Number of occupants	Disability (except re: reasonable accommodation)
Smoking habits (if no-smoking policy)	Marital status (in many states)
Pet ownership	Sexual orientation or gender identity (in many states)
Criminal history (with state limitations)	Source of income (in CA, WA, OR, NY, IL, and others)

Federal protected classes: race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, disability. Many states add additional protections (source of income, immigration status, age, etc.).

State-Specific Screening Rules

California (AB 1008, FEHA): Cannot inquire about criminal history on initial application. Must do individual assessment considering nature, severity, and time elapsed.
New York: Cannot consider criminal history for most housing (Fair Chance for Housing Act, 2024). Limited exceptions.
Oregon: Cannot deny based on expunged records. Must provide specific criteria used for denial.
Washington: Seattle bans criminal history screening entirely for housing. Statewide ban-the-box for initial application.
Illinois: Cannot deny solely based on arrest record (no conviction). Chicago requires written screening criteria disclosure.

How to Reject a Tenant Legally

Send a written adverse action notice (required by FCRA if credit/background was checked)
State the specific reason for denial (insufficient income, poor credit, eviction history, etc.)
Include the reporting agency’s contact information and the applicant’s right to obtain a free copy of their report within 60 days
Document your criteria — keep written screening standards on file showing the same criteria applied to all applicants

Application Fees

California: Capped at actual cost of screening, max $62.02 (2026, adjusted annually per CPI). Must provide receipt.
New York: Capped at $20.
Most other states: No cap, but must be “reasonable” — typically $30–$75.