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: What Documents Can Tennessee Landlords Request?
When conducting tenant screening in Tennessee, landlords must carefully balance the need to confirm a prospective tenant’s suitability with compliance to state laws designed to protect applicants' rights. Proper tenant screening helps landlords minimize the risk of rental payment issues, property damage, or lease violations. Understanding which documents may be legally requested during screening is essential for Tennessee landlords to ensure a thorough yet lawful application process.
Overview of Tenant Screening in Tennessee
Tenant screening allows landlords to verify an applicant's financial stability, rental history, and identity. In Tennessee, while there is no single statute explicitly listing all permissible screening documents, landlords must abide by state laws regulating discrimination, privacy, and the Fair Credit Reporting Act (FCRA). Screenings should be consistent for all applicants to avoid claims of discrimination under the Tennessee Human Rights Act.
Documents Tennessee Landlords Can Request During Tenant Screening
1. Rental Application Form
The foundational document in tenant screening is the rental application form. This should be completed by all applicants and can include:
- Full name and contact information
- Social Security number or other government-issued identification number
- Current and previous addresses
- Employment information and income details
- Consent to background and credit checks
2. Proof of Identity
Landlords may request photographic identification to verify the applicant’s identity such as:
- Driver’s license or state-issued ID
- Passport
- Military ID card
3. Proof of Income
To confirm the tenant can meet rental obligations, landlords commonly request documents evidencing income. Acceptable forms include:
- Recent pay stubs (typically last two or three)
- W-2 tax forms from the previous year
- Bank statements showing regular deposits
- Letter of employment verifying salary or hourly wages
- Social Security or disability income statements, if applicable
- Proof of other verifiable income such as pensions or rental income
4. Credit Report Consent
Under the Fair Credit Reporting Act, landlords must obtain written consent from the applicant before pulling a credit report. While landlords cannot require applicants to provide their own credit report, they can request authorization to obtain it themselves from a consumer reporting agency.
The credit report gives insight into the applicant’s credit history, debt obligations, and payment reliability.
5. Background Check Authorization
Landlords can ask for written permission to perform background checks, which may include:
- Criminal history
- Eviction records search
6. References
Landlords often request contact information for:
- Previous landlords to verify rental history and behavior
- Employers for employment verification
- Personal references, although these carry less weight
7. Proof of Residency or Immigration Status
Though Tennessee landlords may request proof of lawful residency, they cannot discriminate based on national origin or citizenship status. Acceptable documents include:
- Green card or permanent resident card
- Employment authorization document
- Birth certificate (in some cases)
Important Considerations for Tennessee Landlords
Compliance with Tennessee and Federal Law
- Non-Discrimination: Tennessee landlords must adhere to the Tennessee Human Rights Act, which prohibits discrimination based on race, color, national origin, sex, religion, disability, familial status, and other protected classes. Screening documents and procedures must be applied equally to all applicants.
- Privacy Laws: Certain personal information, such as Social Security numbers, must be handled confidentially. Landlords should secure and properly dispose of sensitive documents.
- Fair Credit Reporting Act (FCRA): Consent is mandatory before obtaining credit or background reports, and applicants must be provided with adverse action notices if denied based on these reports.
What Landlords Cannot Request
While Tennessee landlords can request multiple types of documents, they should avoid requesting:
- Medical records or information about disabilities beyond what is necessary and legally appropriate
- Social media passwords or access to personal accounts
- Information related to race, religion, sexual orientation, or other protected class status
Best Practices for Tennessee Landlords
- Use a Standardized Application: Always require the same screening documents from every applicant to maintain consistency.
- Obtain Written Consent: Secure clear written authorization before running credit or background checks.
- Inform Applicants About Screening Fees: Tennessee law does not limit application fees but requires fees to be reasonable and clearly disclosed.
- Keep Records Secure: Store all tenant screening documents securely and only retain them for as long as legally necessary.
- Communicate Transparently: Inform applicants upfront about what documents are required and how the screening process works.
Conclusion
In Tennessee, landlords have broad discretion to request various documents during tenant screening, including rental applications, proof of identity and income, authorizations for credit and background checks, references, and proof of residency status. However, these requests must be made within the framework of applicable state and federal laws to avoid discrimination claims and protect applicants’ privacy rights. Following best practices for soliciting and handling screening documents not only promotes legal compliance but also helps Tennessee landlords find reliable tenants and maintain a successful rental operation.