What documents can landlords request during screening?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Tenant Screening Documents Landlords Can Request in Minnesota
When landlords in Minnesota engage in tenant screening, understanding the permissible documents they can request is essential for conducting a fair, thorough, and legally compliant process. Minnesota landlord-tenant law regulates the tenant screening process to protect applicants from discrimination and invasion of privacy while enabling landlords to make informed decisions.
Below is a comprehensive overview of the key documents landlords may request during tenant screening in Minnesota, along with best practices to ensure compliance with relevant laws.Key Documents Landlords Can Request During Tenant Screening in Minnesota
1. Rental Application Form
- Purpose: To collect basic information necessary for screening.
- Typical Information Requested:
2. Photo Identification
- Permitted Forms:
- Reason: To verify the identity of the applicant and reduce the risk of identity fraud.
3. Proof of Income or Employment
- Acceptable Documents:
- Reason: To confirm the applicant’s ability to pay rent consistently.
4. Credit Report Authorization and Report
- Minnesota landlords may request authorization to run a credit check.
- Process:
- Purpose: To evaluate the applicant’s financial responsibility and creditworthiness.
- Important: Landlords must comply with the federal Fair Credit Reporting Act (FCRA), which requires notifying applicants of any adverse action based on credit report findings.
5. Criminal Background Report Authorization and Report
- Landlords in Minnesota may request permission to perform a criminal background check.
- Considerations:
- Best Practice: Provide applicants with a clear explanation that a criminal background check is part of the screening and obtain written consent.
6. Residential History Verification
- Documents or Information:
- Purpose: To verify rental history, including timely payment and treatment of property.
7. References
- While not always required, some landlords request personal or professional references.
- Use: To gain insight into applicant character and reliability beyond financial background.
Important Considerations for Minnesota Landlords
Consent and Notification
- Always obtain the applicant’s express written consent before:
- Per Minnesota law and the FCRA, applicants must be informed of their rights and the screening process.
Anti-Discrimination Compliance
- Minnesota landlords must comply with the Minnesota Human Rights Act, which prohibits discrimination based on:
- Screening criteria should be uniformly applied to all applicants.
Handling and Storing Documents
- Securely store sensitive documents such as income verification and credit reports to protect applicant privacy.
- Dispose of documents properly after the screening process or after applicants are rejected or accepted, as appropriate.
Documents Typically Not Permitted
While landlords may want thorough screening, they should avoid requesting:
- Social media passwords or access
- Information unrelated to tenancy (e.g., medical records)
- Irrelevant personal data that could lead to discrimination claims
Summary
In Minnesota, landlords may request a range of documents for tenant screening, including rental applications, photo ID, proof of income, credit and criminal background reports (with consent), and rental history verification. Maintaining compliance with state and federal laws ensures landlords perform due diligence fairly and lawfully.
By gathering these documents thoughtfully, landlords can identify reliable tenants, reduce risk, and foster positive rental experiences in Minnesota’s rental market.