Tenant Background Check Florida

What Florida Tenant Screening Covers

Along with the application form, a reliable tenant background check for Florida landlords includes several key sections detailing an applicant’s history once they provide consent.

Property management software like TurboTenant can run tenant screenings for you, keeping applications and their screenings together in one well-organized dashboard.

Criminal history: Florida landlords have broad leeway to examine and weigh a prospective tenant’s criminal history. While landlords should still follow HUD guidelines, it’s better to assess each offense individually rather than impose a blanket ban on all criminal convictions.

Tenant screening reports generally include the following information in the criminal history sections:

• Felony and misdemeanor convictions
• Active warrants out for the applicant
• Relevant court records
• Sex offender and FBI database reports
• Arrest records (which generally should only be used if they result in a conviction)

Credit history: Understanding an applicant’s credit history is essential to the process. A strong credit report usually indicates that a tenant can pay rent on time and suggests they’re less likely to default on payments.

Credit checks cover financial information like:

• Overall credit score
• Open lines of credit
• Recent inquiries into their credit
• Debt in collections

Eviction history: When conducting a tenant background check, Florida landlords can review an applicant’s eviction history to help inform their decision. TurboTenant searches more than 27 million eviction records across all 50 states and Washington, D.C.

Eviction history reports include:

• Failure to pay rent
• Judgments for rent, possession, and money
• Unlawful detainers
• Writs and Warrants of Eviction

As with criminal history, landlords should ensure they consider eviction histories legally and without discrimination. In Florida, landlords can deny an application based on eviction history only if the eviction resulted from nonpayment of rent or a lease violation.

Rental history: Tenant screening provides a comprehensive record of the applicant’s previous addresses.

Income verification/fraud detection: Verifying a tenant’s income helps ensure they can afford the unit they are applying for. Fraud detection protects landlords from tenants who lie on their applications. Both are available to Pro subscribers via Snappt.

References: Many landlords collect references from applicants to confirm key details, often contacting past landlords, employers, or personal contacts.

Federal Tenant Background Check Laws

As you review the sensitive information collected in the tenant background check, Florida landlords should remember that federal laws regulate how they can use that information.

Fair Credit Reporting Act: To run a credit check, landlords must get the applicant’s consent. If you deny the applicant due to poor credit history, the FCRA requires you to issue an Adverse Action Notice explaining the reason for the denial. The notice must also include the name, address, and other relevant contact information for the agency that ran the report.

Fair Housing Act: The FHA prohibits landlords from denying an application based on race, color, religion, sex, national origin, or familial status. It also forbids landlords from advertising a property with any preference for or aversion to those same protected classes.

HUD Guidelines: HUD guidelines discourage owners from using blanket bans on criminal records and urge landlords to weigh each conviction on its own merit. Landlords should give reasonable consideration to the applicant based on the nature, severity, and timing of the offenses before making a decision.

Florida Laws

In 2023, Florida passed a law that largely preempts local ordinances on Florida tenant screening and removes protections that previously applied to criminal history and other screening criteria.

Criminal history: Florida landlords can weigh an applicant’s criminal history without limits, but they must consider the nature of the crime, how much time has passed since the conviction, and whether the crime relates to the applicant’s ability to be a good tenant.

Fair Chance Housing: While Florida recognizes some elements of Fair Chance Housing, it has no statewide “ban-the-box” laws that limit housing denials based on criminal records. However, background checks cannot include sealed or expunged records, and landlords who access them cannot use that information to approve or deny an application. Juvenile records become automatically expunged two years after the minor’s 19th birthday, meaning landlords cannot consider them when picking a tenant.

State-specific Fair Housing additions: Florida’s Fair Housing law mirrors federal law exactly and does not include any additional protections for applicants.

State-level notices/disclosure requirements: Florida landlords must process and decide on an application within 7 days for service members.

Reusable tenant screening reports: While some states allow landlords to accept reusable tenant screening reports, these laws are often subject to change, so check local guidelines before using them.

Red Flags to Watch Out For

Once you’ve managed a few tenancies, you’ll likely start to notice some common red flags among applicants. Here are a few to watch for:

Late payments or collections: Late payments or accounts sent to collections may suggest the applicant struggles to pay bills on time, which could lead to future problems as well.

History of evictions: Recent evictions for nonpayment of rent or lease violations suggest a strong likelihood the behavior will repeat. Landlords should take care to follow the law when using eviction history to deny an application.

Unverifiable income: If the applicant’s income isn’t verifiable, it could signal a lack of steady cash flow or questionable accounting practices that landlords may want to avoid.

Inconsistent rental history: A tenant who moves frequently or has unexplained gaps in their rental history may be hiding unpaid debts or broken leases, which could indicate repeatable behavior.

Criminal charges: Serious convictions can put other tenants or the property owner at risk, but make sure to follow HUD guidelines and apply consistent criteria when making your decision.

How To Legally Run a Background Check

When running a tenant background check, landlords should consider platforms like TurboTenant to simplify the Florida tenant screening process and streamline workflows, including the rental application phase.

Follow these steps to run a tenant background check legally:

1. Get consent from the applicant: Obtain written permission.
2. Use a verified tenant background check service: TurboTenant is a trusted option.
3. Verify the applicant’s identity: Use their Social Security number.
4. Gather and review reports: Look at criminal, credit, and eviction histories.
5. Check for evictions or criminal history: Do this only if it’s legal in your state.
6. Evaluate all applicants consistently: Apply the same criteria to everyone.
7. If you deny an applicant due to credit: Issue an Adverse Action notice that includes the name and contact information of the screening service.
8. Streamline the process: Use TurboTenant to manage everything in one place.