Executive Summary: Florida landlords can legally screen tenants using income, credit, rental history, and background checks as long as they apply the same rules to everyone. But mistakes like asking the wrong questions or rejecting tenants based on protected traits can lead to Fair Housing claims. Use written policies, avoid blanket bans, and stay up to date with federal and local laws to protect your rights and avoid fines.
If you own rental property in Florida, picking the right tenant is a big deal. A good renter pays on time, respects your property, and sticks to the lease. But how you screen tenants matters just as much as who you choose. One wrong move, and you could face a Fair Housing complaint, a lawsuit, or fines, especially in places like Miami-Dade and Palm Beach, where housing enforcement is taken seriously.
Here’s what Florida landlords need to know to protect their property and stay compliant.
Understand the Federal Fair Housing Act
The Fair Housing Act (FHA) protects people from being treated unfairly during housing-related transactions. That includes renting. Under federal law, you cannot refuse to rent or treat someone differently based on:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status (like having kids)
- Disability
Florida law follows these rules and sometimes adds more. Miami-Dade County, for example, includes protections for age, marital status, and lawful income source (like Section 8 vouchers).
What You Can Use to Screen Tenants
You’re allowed to screen tenants using neutral, consistent, and legal criteria. Acceptable factors include:
- Credit history
- Rental history
- Criminal background (with limits)
- Income and employment
- Eviction records
However, the key is that you must apply these criteria consistently to every applicant. You can’t make exceptions for some and not others.
Be Careful with Criminal Background Checks
In 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance warning that blanket bans on criminal history may violate the Fair Housing Act, especially if they have a disparate impact on certain racial or ethnic groups.
You can consider criminal history, but:
- Focus on recent, serious offenses that relate to safety or property damage.
- Don’t use arrest records alone. Only convictions matter.
- Always assess the nature, severity, and time passed since the offense.
Don’t Ask These Questions
Even small talk can get you in trouble. Never ask questions that hint at the protected categories above. That includes:
- “Are you married?”
- “What country are you from?”
- “Do you go to church around here?”
- “How many kids do you have?”
- “What’s your disability?”
You also can’t deny a tenant just because they use a housing voucher or other lawful source of income, especially in Miami-Dade or Palm Beach counties where this is illegal.
Create a Written Tenant Screening Policy
A simple written policy is one of the best ways to protect yourself. It should include:
- Minimum income requirements (e.g., 3x the rent)
- Acceptable credit score range
- Eviction or criminal history standards
- Required documents (ID, pay stubs, references, etc.)
Apply this policy to every applicant in the same way. If you make an exception, document why—and be ready to explain it if asked.
Watch for Discrimination by Accident
Even if you mean well, certain actions could still be seen as discriminatory. For example:
- Showing a certain unit only to certain people
- Posting ads that say “ideal for single professionals”
- Rejecting a tenant with a disability because of a service animal
You must allow service animals and emotional support animals, even in “no pet” buildings under the Fair Housing Act.
Keep Records
If a tenant claims discrimination, you’ll need proof of what happened. Keep copies of all:
- Applications
- Screening reports
- Rejection letters
- Emails and text messages
- Written screening policies
HUD complaints can be filed up to one year after the issue, so keep records for at least that long.
Stay Updated
Fair housing rules change. Local governments add new rules. Even software screening tools can violate the law if not used correctly. If you manage multiple units or properties, staying informed is part of your job.
Call the Law Office of Ray Garcia, P.A.
If you’re a Florida landlord or property manager and want to avoid legal trouble while protecting your investment, talk to us. We work directly with South Florida property owners to review screening policies, defend against claims, and ensure your business remains compliant with the law.
Garcia & Garcia Attorneys at Law
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