What is Legal to Ask on a Rental Application
As a landlord or property manager, it`s important to understand what you can and cannot ask on a rental application. Asking the wrong questions can land you in legal trouble and result in discrimination claims. So, let`s delve into the dos and don`ts of rental application inquiries.
The Do`s and Don`ts of Rental Application Questions
When screening potential tenants, it`s crucial to ask questions that are relevant to their ability to pay rent and maintain the property. Here`s a breakdown of what is legal and illegal to ask on a rental application:
Legal Questions
| Legal Questions |
|---|
| Full name |
| Current address |
| Income and employment information |
| Rental history |
| Criminal history |
Illegal Questions
| Illegal Questions |
|---|
| Marital status |
| Religion |
| Sexual orientation |
| Family status |
| Disability status |
Case Studies and Statistics
According to a study by the National Fair Housing Alliance, discriminatory rental practices are still prevalent in the United States. The study found that minority applicants are often asked illegal questions, leading to housing discrimination.
Case Study: Smith v. Apartment Management Co.
In case Smith v. Apartment Management Co., court ruled favor plaintiff, alleged asked her marital family status rental application. The court found that the questions were illegal and constituted housing discrimination.
It`s crucial for landlords and property managers to adhere to fair housing laws and ask only legal and relevant questions on rental applications. By doing so, you can avoid legal trouble and ensure a fair and non-discriminatory tenant screening process.
Legal Rental Application Requirements
As a landlord or property manager, it is important to understand what questions are legally permissible to include on a rental application. This contract outlines the legal requirements for rental applications in accordance with state and federal laws.
| Question | Legal Ask? |
|---|---|
| Full Name | Yes |
| Date Birth | Yes |
| Current Address | Yes |
| Income/ Employment Information | Yes |
| Credit History | Yes |
| Criminal History | Yes, limitations |
| Race, Religion, Gender, Marital Status | No |
| Number Children | No |
| Disability Status | No, limitations |
It is important to note that any questions related to protected classes under the Fair Housing Act are not permissible to ask on a rental application. Landlords and property managers must also comply with state and local fair housing laws, which may have additional protections for renters.
By signing this contract, all parties agree to abide by the legal requirements outlined above and understand the consequences of non-compliance with fair housing laws.
Top 10 Legal Questions About Rental Application Inquiries
| Question | Answer |
|---|---|
| 1. Can a landlord ask for my social security number on a rental application? | Yes, they can. It`s important for them to verify your identity and conduct a background check. |
| 2. Is it legal for a landlord to ask about my income and employment on a rental application? | Absolutely. Landlords need to ensure that you have a stable source of income to pay rent. |
| 3. Can a landlord ask for my bank account information on a rental application? | Yes, they can request this information to confirm your ability to cover rent and other expenses. |
| 4. Is it permissible for a landlord to inquire about my rental history on a rental application? | Of course! They want to know if you`ve been a reliable tenant in the past. |
| 5. Can a landlord ask for personal references on a rental application? | Yes, it`s within their rights to ask for references to get a sense of your character and reliability. |
| 6. Is it legal for a landlord to ask about my criminal record on a rental application? | Yes, they can inquire about your criminal history as part of their due diligence process. |
| 7. Can a landlord ask about my credit history on a rental application? | Indeed. They want to assess your financial responsibility and ability to make rental payments. |
| 8. Is it permissible for a landlord to ask about my citizenship status on a rental application? | Yes, landlords can inquire about your citizenship status to confirm your legal residency. |
| 9. Can a landlord ask about my marital status or family on a rental application? | No, it`s illegal for landlords to inquire about your marital status or family situation. |
| 10. Is it legal for a landlord to ask for my social media accounts on a rental application? | No, it`s not legal for landlords to request access to your social media accounts as part of the application process. |