Tenant screening laws
by state and city.

Know the landlord tenant laws and screening rules where your rental is: fees, criminal history, source of income, deposits, and eviction.

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Landlord tenant & screening laws by state

Pick a state for a plain-language guide to its landlord tenant laws and screening rules: fees, deposits, and eviction.

What laws apply to tenant screening?

Two federal laws set the floor everywhere: the Fair Credit Reporting Act for screening reports and the Fair Housing Act for discrimination. Your state, and sometimes your city, can add stricter rules on top.

Fair Credit Reporting Act (FCRA)

Controls how landlords obtain and use consumer reports. It requires a permissible purpose, gives applicants the right to dispute errors, and requires an adverse action notice when information in a report contributes to a denial or other unfavorable decision.

FTC guide for landlords →

Fair Housing Act

Prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Apply written screening criteria the same way to every applicant.

Fair Housing Act overview at hud.gov →

State and local rules

States and cities regulate screening fees, how criminal history can be used, source of income protections, security deposits, and eviction notice. The guides above cover each one.

Find your state or city →

What the state guides cover

Each state guide covers the same five questions, and city guides add what the city layers on top.

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Tenant screening law FAQ

  • What are landlord tenant laws?

    Landlord tenant laws are the federal, state, and local rules for renting: how landlords screen applicants, what they can charge in fees and deposits, how rent can change, and what notice is required to end a tenancy. States and cities set most of the details, so they differ by location. Pick your state or city above for its guide.

  • What laws govern tenant screening?

    Tenant screening is governed by federal law plus state and local rules. At the federal level, the Fair Credit Reporting Act (FCRA) controls how landlords obtain and use consumer reports, and the Fair Housing Act prohibits discrimination in housing. Many states and cities add their own limits on screening fees, criminal history, source of income, and security deposits.

  • Do landlord tenant laws vary by state?

    Yes. Federal rules set a baseline, but states differ on application fee limits, how criminal history can be used, whether source of income is protected, and deposit and notice rules. Some cities add rules on top of state law, so check both your state and your city.

  • Are apartment application fees and tenant screening fees limited by law?

    Some states cap or restrict what a landlord can charge to process a rental application or screening, and a few ban the fees outright. Others have no statewide limit. The screening fee calculator shows the rules for your ZIP code. Open the screening fee calculator → Application fee laws by state →

  • Can a landlord deny an applicant because of a criminal record?

    Federal fair housing law does not list criminal history as a protected class, and HUD withdrew its prior guidance on criminal records in September 2025. Some states and cities still add their own fair chance housing rules, and applying criteria inconsistently can raise discrimination concerns. Check your state or city page, and apply the same written criteria to every applicant. How criminal background checks work →

  • What does fair housing law mean for tenant screening?

    The Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability, and many states and cities protect additional groups. Write down your screening criteria and apply them the same way to every applicant, across credit, income, eviction, and criminal history. Fair Housing Act overview (HUD) →

  • What is an adverse action notice (or adverse action letter)?

    If a landlord denies an application, raises the rent or deposit, requires a co-signer, or takes another unfavorable step based even partly on information in a consumer report, the FCRA requires an adverse action notice. It names the reporting agency, states that the agency did not make the decision, and explains the applicant's right to dispute errors and to a free copy of the report if they ask within 60 days. If a credit score was used, the notice must also include the score and the key factors that hurt it. Written notices are the best practice. FTC guide for landlords →

  • Is source of income a protected class?

    It depends on where the rental is. Some states and cities prohibit discrimination based on lawful source of income, including housing vouchers, while many do not. Pick your state or city to see what applies locally. How income verification works →

  • What is a tenant background check?

    A tenant background check is a consumer report a landlord orders on a rental applicant. It can include credit history, eviction records, criminal history, income, and identity. Because it is a consumer report, the FCRA applies, and so do state and local screening rules. How tenant background checks work →

  • Does Checkr Tenant follow these laws?

    Checkr Tenant is FCRA compliant and PBSA accredited. Landlords still need to apply their own screening criteria consistently and follow the rules where their rental is located.

  • I'm applying to rent. Can I screen myself?

    Yes. You can order a report on yourself and share the same report with every landlord you apply to. Screen yourself as an applicant → Your rights (FTC) →

  • Is this page legal advice?

    No. These pages are for education and information only. Laws change, so confirm current requirements with your own counsel.

  • Have more questions?

    Refund policy, ID requirements, and how disputes work, answered in one place. Read the full FAQ →

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The resources and information on these pages are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for current legal guidance on your screening practices and compliance with applicable laws.

Last updated October 8, 2026. Starter, Essential, and Complete pricing on our pricing page.