Florida Tenant Screening Laws: What Landlords Can and Cannot Do (2026)

Choosing the right tenant is the most important decision a rental owner makes. A good tenant pays on time and takes care of the home. A bad placement can mean months of lost rent and an eviction. But screening also carries legal risk: ask the wrong question, apply rules unevenly, or skip a required notice, and a rejected applicant can file a fair housing or credit reporting complaint. Here is what Florida landlords can and cannot do in 2026.

Written by Jon C. Schmitt, Licensed Florida Real Estate Broker & Owner of True Patriot Property Management. Last updated October 2026. Checked against F.S. 760.23, 760.29 and 83.425 (Florida Statutes) and the FTC’s guidance for landlords under the Fair Credit Reporting Act.

The quick answer

Florida landlords can screen applicants on income, credit, rental and eviction history, references and identity, and can consider criminal history with care. You cannot base decisions on race, color, national origin, sex, disability, familial status, or religion (F.S. 760.23), and you must apply the same written criteria to everyone. If a credit or background report plays any part in a denial or in stricter terms, federal law requires an adverse action notice. And since 2023, state law, not your city or county, sets the rules for the screening process and application fees (F.S. 83.425).

What you can and cannot screen for

Usually allowed	Not allowed
Verified income and employment	Race, color, or national origin
Credit history	Religion
Rental history and landlord references	Sex
Eviction history	Disability (including asking about the nature of a disability)
Criminal history, reviewed case by case	Familial status, such as children, pregnancy, or pending custody
Identity verification	Statements in ads that show a preference based on any of the above

Florida’s protected classes

Under F.S. 760.23, it is unlawful to refuse to rent, set different terms, or say a unit is unavailable because of race, color, national origin, sex, disability, familial status, or religion. Familial status covers households with children under 18, and the protection also extends to anyone who is pregnant or in the process of getting legal custody of a minor. These match the federal Fair Housing Act categories.

The law also covers advertising. A listing cannot state a preference or limitation based on any protected class (F.S. 760.23(3)). Phrases like “no kids,” “perfect for a single professional,” or “Christian home” can create a problem. Describe the property, not the person you want to live there.

Disability and reasonable accommodations

Refusing a reasonable accommodation in your rules or policies, or refusing a reasonable modification at the tenant’s expense, can count as disability discrimination (F.S. 760.23(9)). The most common example is an assistance animal in a no-pets rental. See our guide on pet deposits for service animals and ESAs for what you can and cannot charge.

The small landlord exemption, and why it usually does not apply

Florida exempts some owners from the fair housing rules, such as a private owner renting a single-family house who owns no more than three of them. But that exemption only applies if the house is rented without using a real estate licensee or a person in the business of renting dwellings, and without discriminatory advertising (F.S. 760.29(1)). If you list with a broker or hire a property manager, plan on following the full fair housing rules.

Statewide rules: local governments cannot add their own

In 2023 Florida added F.S. 83.425, which preempts local regulation of the residential landlord tenant relationship. It specifically includes the screening process landlords use to approve tenancies, rental application fees, security deposits, lease terms, required disclosures, and notice requirements. In practice, that means a city or county cannot impose its own tenant screening rules or application fee limits on residential rentals. State and federal fair housing law still applies.

Credit and background checks: the federal rules

Tenant screening reports, including credit reports, eviction searches, criminal background checks, screening scores, and even reference checking services, are consumer reports under the federal Fair Credit Reporting Act. According to the FTC’s guidance for landlords, that means:

• Permissible purpose. You can pull reports on people who apply to rent or renew a lease, and you must use them only for housing decisions.
• Adverse action notice. If you deny an applicant, require a co-signer, require a higher deposit, or charge higher rent based even partly on a report, you must give a notice with the reporting company’s name, address, and phone number, a statement that the company did not make the decision, and the applicant’s right to dispute the information and get a free copy of the report within 60 days.
• Credit score details. If a credit score played a part, the notice must also include the score, its range and source, and the key factors that hurt it.
• Safe disposal. Shred paper reports and securely delete electronic copies when you are done.

Written notices are not strictly required, but they are the best practice because they prove you complied.

Criminal history: be careful with blanket bans

You can consider criminal history, but the FTC notes that a blanket policy of refusing anyone with a criminal record may violate the federal Fair Housing Act. Florida law specifically allows refusing an applicant convicted of illegally manufacturing or distributing a controlled substance (F.S. 760.29(5)(d)), and does not require renting to someone whose tenancy would be a direct threat to others’ health or safety (F.S. 760.29(5)(c)). The safest approach is a written policy that looks at convictions, not arrests, and considers how serious the offense was and how long ago it happened.

A screening process that holds up

• Write your criteria down before you list: minimum income, credit standards, rental history, and how you review criminal history.
• Apply them to every applicant in the order applications arrive.
• Use the same application and the same fee for everyone. Chapter 83 does not cap application fees, but charge only what screening actually costs and say whether the fee is refundable.
• Verify, do not assume. Confirm income with pay stubs or bank statements and call prior landlords.
• Keep records of every application, decision, and adverse action notice.
• Put the approved tenant in a solid lease. Our Florida lease agreement guide covers the clauses and disclosures to include.

Good screening is also the best way to avoid the eviction process later.

Frequently asked questions

What can a Florida landlord legally screen tenants for?

Landlords can screen for factors tied to whether an applicant can pay and follow the lease, such as income, credit, rental and eviction history, references, identity, and, with care, criminal history. The criteria must be applied the same way to every applicant and cannot be based on race, color, national origin, sex, disability, familial status, or religion (F.S. 760.23).

Can a Florida landlord refuse to rent to families with children?

No. Familial status is protected under Florida’s Fair Housing Act, and that protection also covers anyone who is pregnant or in the process of getting legal custody of a minor (F.S. 760.23). Qualifying housing for older persons is the main exception (F.S. 760.29(4)).

Do I have to send a notice if I deny a tenant because of their credit report?

Yes. Under the federal Fair Credit Reporting Act, if you deny an applicant, require a co-signer, or charge a higher deposit or rent based even partly on a consumer report, you must give an adverse action notice with the reporting company’s contact information, a statement that the company did not make the decision, and the applicant’s right to dispute the report and get a free copy within 60 days.

Can a Florida landlord deny an applicant for a criminal record?

A landlord can consider criminal history, but the FTC notes that a blanket policy of refusing anyone with a criminal record may violate the federal Fair Housing Act. Florida law specifically allows refusing someone convicted of illegally manufacturing or distributing a controlled substance (F.S. 760.29(5)(d)). A written, case-by-case policy is safer than a blanket ban.

Can my city or county add its own tenant screening rules in Florida?

Since 2023, Florida law preempts local regulation of matters covered by the residential landlord tenant act, including the tenant screening process, rental application fees, security deposits, and lease terms (F.S. 83.425). Federal and state fair housing laws still apply.

This article is general information for Florida rental owners and is not legal advice. Fair housing and credit reporting rules are fact-specific, so consult a qualified Florida attorney about your screening policy.

More Florida Landlord Guides

• Pet deposits for service animals and ESAs in Florida
• What should be in a Florida lease agreement
• Florida security deposit law: return deadlines and deductions
• The Florida eviction process for landlords
• Late rent, late fees and the 3-day notice in Florida
• Florida move-in and move-out inspection checklist
• The Florida landlord-tenant law cheat sheet
• How much a landlord can raise rent in Florida

Own a rental in South Florida? See how we manage homes and condos in Boynton Beach, Delray Beach, West Palm Beach and Naples.