Maryland Rental Application

What type of information should landlords collect?

When you’re collecting information for a Maryland rental application, it’s essential to gather the details that will help you make the right decision on your next tenant. As a landlord, you’re legally allowed to collect:

• Personal information: Name, date of birth, email, phone number, social security number, and emergency contact info
• Rental history: Previous addresses, and previous landlord contact information
• Employment and income history: Current employment status, income information, and credit details
• Personal and professional references: Letters, emails, employer phone numbers, previous landlords, and personal connections
• Pets: If you accept pets in the house/apartment/home, collect info on type, breed, size
• Other details: Smoking status and vehicle information can also be helpful

Landlords can streamline this process by collecting applications digitally, rather than letting stacks of paperwork pile up. Plus, it’s more secure than remembering to shred every application.

Pro tip: Using property management software, like TurboTenant, can help landlords collect applications online. Our free rental application form template, easily accessible online for quick evaluation, streamlines the process of sending and reviewing applications. When paired with other needs, such as rent collection and online lease agreements, TurboTenant makes it easy for landlords to manage their properties from anywhere.

Pre-Screener

If you find yourself inundated with applications, consider adding a pre-screener to your application workflow. A pre-screener (included with every application when you use TurboTenant) lets you quickly ascertain whether an applicant could qualify for your rental.

Pre-screeners often ask about:

• Basic contact info
• Employment status
• Current income
• Self-reported credit score
• Desired date of move-in
• Number of occupants
• Smoking status
• Pets

While pre-screeners are a handy, time-saving tool, they’re not a substitute for a complete Maryland rental application.

Federal Application Laws

To maintain a level playing field in housing, multiple Federal laws have been enacted to prevent discrimination and protect tenants when seeking housing.

Fair Housing Act (FHA): The Fair Housing Act is a key piece of legislation that prohibits landlords from discriminating against applicants based on a number of protected characteristics. Landlords cannot advertise housing in favor of, or deny an application based on:

• Race
• Color
• Sex
• Religion
• National Origin
• Disability
• Familial status

Landlords can’t ask about these characteristics on an application or in person, and this applies to the landlord, property owner, or any employees who work for the owner (Fair Housing Act).

Equal Credit Opportunity Act (ECOA): The ECOA prohibits discrimination using the same criteria as the FHA, and also provides protections for individuals receiving public assistance or who have lived in public housing. The ECOA also sets guidelines on how a landlord can use a credit report when deciding on applications (Equal Credit Opportunity Act).

Americans with Disabilities Act (ADA): The ADA bars landlords from denying applications based on a disability. Additionally, it requires landlords to provide reasonable accommodations in the rental unit for tenants with disability (Americans with Disabilities Act).

Fair Credit Reporting Act (FCRA): The FCRA requires landlords to obtain written consent before running a tenant credit check. If they deny an application based on that check, the landlord must notify the tenant of the reason for the denial (Fair Credit Reporting Act).

Civil Rights Act of 1866: The Civil Rights Act of 1866 prohibits landlords from denying applications based on color or race (Civil Rights Act of 1866).

Maryland Application Laws

In addition to federal laws, each state enacts its own rules to provide landlords with guidance on how to process rental applications.

Maryland landlord-tenant laws provide guidance on rules that protect applicants. These laws include Maryland State Government Code § 20-705, which provides additional protections beyond those offered by the Federal Fair Housing Act. Plus, House Bill 231 protects renters from discrimination based on their source of income.

Source of income: House Bill 231 adds protections regarding the source of income, preventing landlords from denying applications because the tenant currently receives, or has received, public housing assistance (House Bill 231).

Criminal history: Currently, Maryland landlords can consider the previous 7 years of an applicant’s criminal history, but can only use convictions when issuing a denial. However, legislation is currently working its way through the state legislature that would reduce the lookback window to 3 years, effective as of May 2025. In Montgomery County, landlords cannot ask about a prospective tenant’s criminal history until after making a conditional offer for the unit, and even then, can only consider felony convictions.

Eviction history: Landlords can consider the previous 7 years of a tenant’s rental and eviction history when deciding on an application.

Sexual orientation and gender identity: Maryland law prohibits landlords from denying housing based on their sexual orientation or gender identity (MD State Government Code § 20-705).

Portable tenant screening reports: While Maryland landlords are not required to accept them, they can choose to accept a portable tenant screening report if the applicant ran the report within the last 30 days.

Pets, ESAs, and Service Animals

If you allow tenants to bring pets, you can include a section of the application that asks about any pets the renter might have.

Pet Information: This is where you’d collect information regarding the type of pet, breed, size, and whether it’s a service or an emotional support animal (ESA).

Fair Housing Act: The FHA prohibits landlords from denying access to service animals or emotional support animals (ESAs) in rental units. Additionally, landlords are not allowed to charge pet rent or require a pet deposit for these animals. However, they can charge for any damages caused by the animals to the property.

Denial Process

It’s essential that landlords only consider what they’re allowed to consider when evaluating a Maryland rental application to avoid claims of discrimination. Landlords can deny applications based on poor credit history, insufficient income, adverse rental history, criminal history (if the crimes resulted in a conviction), or incomplete or false information on the application.

Denial notice: Maryland only requires a formal denial notice if the landlord bases the denial on an adverse credit history.

Credit/Background denials: The FCRA mandates that landlords issue an adverse action notice to the applicant if the application is denied based on a poor credit report. The notice should include:

• The name of the firm that ran the credit check
• An explanation of the tenant’s right to dispute the information found in the report
• Contact details for the reporting agency

Document storage: Maryland law does not require landlords to store applications or tenant screening reports, but doing so could help defend against any future claims of discrimination from a denied applicant.