Understanding What Landlords Cannot Ask on a Rental Application

When it comes to filling out a rental application, both landlords and potential tenants have certain rights and responsibilities. While landlords want to protect their property and select good tenants, there are strict guidelines about what they can and cannot ask during the application process. This post covers the sensitive questions that are off-limits to landlords, with examples to help clarify the boundaries.

What is a Rental Agreement?

A rental agreement, or lease, is a legal contract between a property owner (landlord) and an individual (tenant) who wishes to rent the property. This agreement outlines terms and conditions such as the duration of the rental, monthly rent, and the rights and responsibilities of both parties.

Forbidden Inquiries During the Rental Application Process

Landlords face a mix of legal and ethical restrictions when vetting potential tenants. Here are key areas where inquiry is restricted:

• Discrimination Based on Protected Categories: Federal law, specifically the Fair Housing Act, prohibits discrimination based on race, color, religion, national origin, sex, disability, and familial status. Asking questions that directly or indirectly relate to these categories is off-limits.

• Financial Information Beyond Creditworthiness: While landlords can ask about a tenant's ability to pay rent, probing into specific details of their financial life or requesting access to bank accounts, beyond credit checks, is not permissible.

• Marital and Family Status: Questions that pry into marital status, plans for children, or the number of children are not allowed. These can be seen as attempting to discriminate against families or those planning a family.

• Disability and Health Information: Asking for detailed medical histories or information about physical and mental disabilities is prohibited. Landlords should focus on the tenant's ability to fulfill the lease terms without asking about personal health matters.

Example Scenarios

Scenario 1: A landlord cannot ask, "Do you plan to have more children?" This is considered a form of familial status discrimination.

Scenario 2: A landlord requests to see bank statements to assess financial stability. While assessing creditworthiness is permissible, demanding to see bank statements crosses the line into financial privacy.

Scenario 3: "Do you attend church nearby?" This question could be seen as discriminatory based on religion and should be avoided.

State Nuances

Beyond federal protections, some states have additional laws that provide broader protections. For example, some states include sexual orientation and gender identity as protected categories, so both landlords and tenants should know both the federal and state-specific rules that apply.

Conclusion

The rental application process asks landlords to balance diligence with respect for applicants. Landlords who know and follow the legal boundaries on what they can ask keep the process fair for potential tenants. Tenants who know these rights are better equipped to push back if those boundaries get crossed.

Related guides

• Navigating Proof of Income for Your Rental Application: A Guide
• Is Your Rental Application Legally Binding?
• Legal Reasons to Deny a Rental Application
• What to Ask Before Signing a Non-Disclosure Agreement
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