Florida state has specific laws for how rental applications can be used. These place limits on the information you may request and on how you choose your tenant.
You must make sure your document is compliant with Florida law. If you don’t you could potentially get sued by the applicant if they think that you have discriminated against them or have illegally gathered information about them.
Application Fee
There is no limit on what you may charge as an application fee in Florida. However, to keep your rental real estate competitive with the market you shouldn’t charge more than the amount necessary to cover your costs in verifying the tenant.
Security Deposit
Florida doesn’t set any limits on how much you can charge as a security deposit. However, it is recommended not to charge more than 1-2 months rent for this amount access to Florida Statutes Annotated sections § 83.49 and § 83.43(12).
Housing Discrimination Law
You must follow the Fair Housing Act (FHA) when you check tenants with a Florida rental application. This is a federal law that doesn’t allow you to discriminate against applicants for the following reasons:
- Race or ethnicity
- Sexuality
- Disability
- Family status
- Criminal record
- National origin
- Religion
- Gender
Consent to Credit Checks
According to the Federal Credit Reporting Act (FCRA), you must obtain consent before running any background or credit checks about a housing applicant. The rental application allows you to collect this consent from them by having them approve and sign a statement authorizing the checks.