For rental owners
Screening a tenant without breaking the law
Screening is the cheapest protection a landlord has and the easiest place to create liability. The safest approach is also the most effective one: decide your standards in writing before you meet anyone, then apply them identically to every applicant.
Updated 2026-10-02
Write the standard down first
Before you advertise, decide your criteria: minimum income relative to rent, how far back you look at rental history, what you do about credit, and how you treat criminal history.
Write them down. Apply them to everyone, in the order applications arrive.
This matters for two reasons. It produces better tenants, because you are measuring rather than reacting. And it is your defence if a rejected applicant ever claims discrimination — a consistent written standard applied uniformly is a far stronger position than a recollection of why someone did not feel right.
The protected classes
Federal fair housing law prohibits discrimination based on race, colour, religion, sex, national origin, familial status and disability. Familial status means households with children — refusing to rent to a family with kids is unlawful, and it is one of the most common violations.
State and local law can add further protected categories, and Miami-Dade's ordinances go beyond the federal list. Because the local rules are broader than most landlords assume, check the current county ordinance rather than relying on the federal list alone.
The rules apply to how you advertise as well as how you decide. Describing a property as ideal for a particular kind of household, or steering an applicant toward or away from a neighbourhood, both create exposure.
Questions that create liability
Avoid asking where someone is from, what their background is, whether they have children or plan to, their marital status, their religion, or anything about a disability.
On disability specifically: you may not ask whether someone has one or what it is. You may ask whether they meet your written tenancy requirements, the same as anyone else.
Assistance animals are not pets. A request to keep one is a request for a reasonable accommodation rather than a pet application, and a no-pets policy does not by itself defeat it. Pet fees and pet rent generally do not apply. This is an area where well-meaning landlords get into trouble, so get advice before refusing one.
What you can and should verify
Income, against a consistent multiple of the rent that you apply to everyone.
Employment, verified with the employer rather than from a document alone.
Rental history — and call the landlord before the current one too. The current landlord may want a difficult tenant to leave; the previous one has no reason to shade the truth.
Credit and public records, through a proper screening service, with the applicant's written consent. Running credit creates obligations about how you handle the report and what you must tell someone if you decline them because of it.
Identity. Confirm the person signing is the person screened.
Document the decision
Keep the application, the criteria you applied, and the reason for the outcome. Keep them for declined applicants too — that file is precisely the one you will want if a complaint ever arrives.
If you decline someone based on information in a consumer report, there are specific notice requirements. Handle that properly rather than simply going quiet.
Common questions
Can I refuse to rent to families with children in Florida?
No. Familial status is a protected class under federal fair housing law, and refusing a household with children is one of the most frequently cited violations. Narrow exemptions exist for qualifying housing for older persons, which have strict requirements.
Can I ask an applicant about a disability?
No. You may not ask whether someone has a disability or what it is. You may ask whether they meet the same written tenancy criteria you apply to every applicant.
Do I have to allow an assistance animal if I have a no-pets policy?
An assistance animal is treated as a reasonable accommodation rather than a pet, so a no-pets policy does not automatically apply, and pet fees generally do not either. The rules around verification are specific — take advice before refusing a request.
What income should I require?
Whatever multiple of rent you choose, the important part is that it is written down in advance and applied to every applicant identically. A consistent standard screens better and is far easier to defend than a case-by-case judgement.
Want someone else to handle the screening?
Tell me about the property. I will tell you what it should rent for, and how the screening gets done properly — consistent criteria, verified income, and the previous landlord called as well as the current one.
Related
General information, not legal advice. Fair housing law is federal, state and local, and Miami-Dade's protections are broader than the federal list. Consult a Florida attorney about any specific screening decision or policy.