Finding good tenants is an art—but screening them properly is a science. One misstep can expose you to discrimination lawsuits, while inadequate screening might leave you stuck with a nightmare tenant. Here's how to do it right.
Why Proper Screening Matters#
Bad tenants can cost you thousands of dollars in:
- Lost rent
- Property damage
- Eviction costs
- Legal fees
But screening too aggressively—or asking illegal questions—can result in fair housing violations with penalties that include fines, lawsuits, and even criminal charges in extreme cases.
The goal? Find reliable tenants while treating everyone fairly and legally.
What You CAN Ask#
✅ Legal Questions Include:
- Current employment and income verification
- Rental history and references
- Credit history and score
- Criminal background (with limitations—see below)
- Reasons for moving
- Number of occupants
- Pet ownership (with reasonable pet policies)
Always apply the same criteria to every applicant. Consistency is your best legal defense.
What You CANNOT Ask#
❌ Illegal Questions Include:
- Anything about race, color, religion, or national origin
- Questions about disability or medical conditions
- Familial status (pregnant? planning kids?)
- Sexual orientation or gender identity
- Age (beyond verifying they're 18+)
- Whether they receive government assistance
Pro tip: If you wouldn't want to answer it in a job interview, don't ask it during tenant screening.
The Complete Screening Checklist#
Use this checklist for every applicant:
- Application form with complete personal and employment info
- Income verification (paystubs, offer letter, or tax returns)
- Credit report (look for payment history, not just score)
- Criminal background check (focus on conviction records relevant to housing safety)
- Rental history (contact previous landlords—not just the current one)
- References (employment, personal, or professional)
- In-person or video interview (gauge communication and professionalism)
Document everything. Keep records for at least 3 years in case of disputes.
Red Flags to Watch For#
Watch out for these warning signs:
- Evasive answers about rental history
- Unwillingness to provide references or verification
- Frequent moves without clear reasons
- Income-to-rent ratio below 3:1 (monthly income should be 3x rent)
- Recent evictions or unpaid rent judgments
- Incomplete applications or missing information
A few red flags don't automatically disqualify someone—but they warrant further questions.
Stay Consistent Across All Applicants#
This is the golden rule: Treat everyone the same.
- Use the same application for everyone
- Apply the same screening criteria
- Charge the same fees
- Ask the same questions
If you approve one applicant with a 650 credit score, you can't reject another with 680 just because you have a "bad feeling." Subjective decisions = discrimination lawsuits waiting to happen.
Conclusion#
Screening tenants doesn't have to be scary—or illegal. By focusing on objective criteria, staying consistent, and avoiding protected class questions, you can find great tenants while keeping your conscience (and your bank account) safe.
Remember: The best defense against legal trouble is a paper trail showing you treated everyone fairly. When in doubt, document, document, document.
