Florida Rental Application Form

Florida rental application screenshot 1 on iPropertyManagement.com

A Florida rental application form helps a landlord choose a prospective tenant who is well suited to rent a particular property. The form requests personal and employment information plus consent for a credit check (sometimes called a consumer report). Applications often collect a non-refundable fee, commonly equal to the cost of getting the relevant screening reports.

Florida Rental Application Laws

Florida has minimal regulations on the content or process of a rental application. Unlike some states, Florida does not cap application fees or require a specific recipient. In general, if the landlord wants the application fee to be nonrefundable, this must be noted in a clear writing to the prospective tenant (which can be part of the application form).

Quick Guide To Process a Florida Rental Application

Verify Credit – Order a credit report for the potential tenant; a score of 600-650 is a common minimum requirement. A credit report can be as simple as a “pass/fail” result or can have comprehensive details, including criminal history. ( NOTE: a credit report requires the tenant’s written and signed consent, on the application or separately )
Verify Income – Check the potential tenant’s employment status and pay scale. This can be done through recent pay stubs and/or contacting the potential tenant’s employer.
Check Rental History – Contact previous landlord(s) to confirm a potential tenant has in the past been a good renter and neighbor.
Check Eviction History – Verify the potential tenant has honestly disclosed the details of any past evictions. An eviction check usually covers a longer period (previous 7 years) than a rental history check (previous 3 years).
Check Criminal History – Confirm the potential tenant’s reporting of any criminal history, especially including a check of criminal databases like sex offender registries.
Provide a Response – Approve the application if it’s a good fit, or, if rejecting the application, draft an appropriate adverse action notice to limit liability.

Checking Eviction History in Florida

Florida eviction cases are matters of public record which anyone can access. While third-party services often automatically check eviction history as part of a screening report, this also can be checked manually, with the following process:

Visit Florida Supreme Court Online Docket Search and select “Party or Attorney” from the drop-down search menu
Enter the applicant’s name (and jurisdiction, if known) to access relevant civil court documents
Select “count” in the far right column to be taken to existing cases, clicking on case numbers for detailed breakdown

Restrictions on Florida Rental Application Questions

The sample rental application provided on this page complies with federal law restricting the information a landlord can request. In general, it’s illegal under the Federal Fair Housing Act to screen tenants by asking for information about the following, or using these as a basis for approving or denying an application:

Race
Color
National origin (nationality)
Religion
Sex (including sexual orientation and gender identity)
Familial status (i.e., having or not having children)
Disability (whether physical or mental)

There are narrow exemptions from the Fair Housing Act for things like senior housing or certain very-small scale landlords, but local regulations may still apply. Always consult an attorney before attempting to ignore federal requirements.

Rejecting an Application: Adverse Action Notice

When taking an action which may disadvantage a potential tenant, a landlord may have to provide an adverse action notice informing the tenant about the decision (sometimes called a “conditional approval,” if the application is approved subject to meeting additional conditions). Federal regulations require an adverse action notice whenever a landlord collects a credit report and takes one of the following actions:

Rejecting the potential tenant’s application
Adding a requirement for someone to co-sign the potential tenant’s lease
Demanding a larger security deposit than before, as a condition for renting
Asking for higher rent after receiving the report

Important Features of an Adverse Action Notice

An adverse action notice must contain the following details:

Note that the landlord took adverse action based on information in a consumer credit report
Details of the consumer reporting agency
Note that the landlord decided the adverse action, not the agency
Declaration of the applicant’s right to a copy of the consumer credit report
Declaration of the application’s right to dispute the report within 60 calendar days

While not legally required, it also is expedient for a landlord to explain the reasons for the adverse action, since this establishes a written record of issues with the application.