Florida Tenant Background Check
A crucial part of the rental application process is running a tenant background check. Screening helps you confirm the information on the application and review additional details from legally valid agencies, such as criminal history, eviction records, and credit score.
When conducting a tenant background check, Florida landlords must follow all state and federal laws. To do so, they must consider only legally allowable details, avoid any form of discrimination, and apply a consistent screening process to every applicant.
In this guide, we’ll review what goes into a tenant background check, what you can and can’t consider when evaluating an applicant, and some common red flags to look out for during the screening process.
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What Background Checks Cover
Along with the application form, a reliable tenant background check for Florida landlords includes several key sections that detail an applicant’s history once they give their 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 a necessary part of 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
Like with criminal history, landlords should make sure they consider eviction histories legally and without discrimination. In Florida, landlords can only deny an application based on eviction history if the eviction resulted from non-payment of rent or a lease violation.
Rental history: Tenant screening provides a comprehensive rental history for the applicant, including their previous addresses.
Income verification: Verifying a tenant’s income helps ensure they can afford the unit for which they are applying. This feature is available through TurboTenant’s premium tools, which use TransUnion data to compare self-reported income with actual figures.
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 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 non-payment of rent or lease violations suggest a strong chance the behavior may 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, Florida landlords should consider TurboTenant, a property management software platform that streamlines your landlord workflow, including the rental application phase.
Follow these steps to run a tenant background check legally:
- Get consent from the applicant: Obtain written permission.
- Use a verified tenant background check service: TurboTenant is a trusted option.
- Verify the applicant’s identity: Use their Social Security number.
- Gather and review reports: Look at criminal, credit, and eviction histories.
- Check for evictions or criminal history: Do this only if it’s legal in your state.
- Evaluate all applicants consistently: Apply the same criteria to everyone.
- If you deny an applicant due to credit: Issue an Adverse Action notice that includes the name and contact information of the screening service.
- Streamline the process: Use TurboTenant to manage everything in one place.
Florida Background Check FAQs
How do you do a Florida background check on a tenant?
The most efficient and cost-effective way for Florida landlords to run tenant background checks is to use TurboTenant. Background checks through the platform cover industry-standard questions and provide complete reports on criminal, credit, and eviction histories.
What red flags should I look for on a background check?
Some common red flags landlords should watch for include a history of late payments or collections, a criminal or eviction history, unverifiable income, or an inconsistent rental history.
Who pays for a Florida background check: the tenant or the landlord?
In Florida, either the tenant or the landlord can pay for the background check, though landlords who use TurboTenant pass the screening cost to the tenant.
