Florida’s statewide screening rules are short: the Florida Fair Housing Act mirrors the federal protected classes, and the landlord-tenant statute caps neither application fees nor deposits. The details that catch landlords out are local, since several counties protect source of income and state law preempts local landlord-tenant rules.
What can you ask a prospect on the first call or message?
Ask about the unit, the timing and your written criteria, and ask every prospect the same questions. That keeps the conversation about the home rather than the person.
Questions that are fine on first contact:
- When do you want to move in, and for how long?
- How many people will live in the unit? Reasonable occupancy limits are allowed under federal law (42 U.S.C. 3607).
- Do you have pets? An assistance animal for a person with a disability is not a pet, and refusing a reasonable accommodation is unlawful (24 CFR 100.204).
- What rent range works for you, and would you like a copy of our screening criteria?
Keep income questions about the amount, not the type. Several counties protect source of income (see below), so keep “we don’t take Section 8” out of every reply.
What should you never ask?
Never ask about race, color, national origin, sex, disability, familial status or religion, the classes the Florida Fair Housing Act protects (Fla. Stat. 760.23), matching the federal list (42 U.S.C. 3604). The same section bars any notice, statement or advertisement that indicates a preference, limitation or discrimination based on those classes.
Counties add more. Miami-Dade also covers ancestry, pregnancy, age, marital status, sexual orientation, source of income, gender identity or expression, and victims of domestic violence, dating violence or stalking, for housing providers that own and rent more than three units (Miami-Dade Commission on Human Rights). Broward adds political affiliation and veteran or service member status, among others (Broward County Human Rights Section).
Questions to keep off every call, text and form:
- “Where are you from originally?” or “What church do you go to?”
- “Do you have kids?” or “Are you expecting?” Familial status protection covers anyone who is pregnant (42 U.S.C. 3602(k)).
- “Do you have a disability?” Federal rules ban asking whether an applicant has a disability or how severe it is, though you may ask all applicants whether they can meet the tenancy’s requirements (24 CFR 100.202(c)).
- “Are you married?” or “Is that a voucher?” in a county that protects marital status or source of income.
Is source of income protected in Florida?
Not by state law, but by several counties. The Florida Fair Housing Act does not list source of income (Fla. Stat. 760.23), while:
- Miami-Dade County lists source of income among the classes its Human Rights Ordinance protects in housing (Commission on Human Rights).
- Broward County lists lawful source of income among the grounds for a housing discrimination complaint (Human Rights Section).
- Unincorporated Orange County bars refusing to rent, refusing to negotiate or otherwise denying a unit because of lawful source of income, including Housing Choice Vouchers (Office of Tenant Services).
State preemption complicates the picture. Florida preempts the regulation of residential tenancies and supersedes local rules on matters in the landlord-tenant part of chapter 83, including the screening process, rental applications and their fees, and security deposits (Fla. Stat. 83.425). The statute does not mention county human rights ordinances, and these counties still list source of income, so ask the county office or your attorney how the two fit for your property.
What can the rental application ask for?
The application can ask for identity details, rental history, references, employment and income, and consent to screening. Two Florida rules apply at this stage:
- Servicemembers. Approve or deny a servicemember’s application in writing within 7 days after it is submitted, giving the reason for any denial. If you do not deny it in time, you must lease to the servicemember as long as the other terms are met, and the rule cannot be waived (Fla. Stat. 83.683).
- Flood disclosure. For a lease of one year or longer, give the prospective tenant a completed flood disclosure at or before signing (Fla. Stat. 83.512).
Can you check credit, criminal and eviction history?
Yes, once the applicant has applied and authorized it. If a consumer report contributes to a denial, a co-signer requirement, a larger deposit or higher rent, send an adverse action notice (FTC). It names the reporting company, says the company did not make the decision, and explains the right to a free report within 60 days and to dispute; include the score and key factors if you used a credit score.
Chapter 83’s only background screening section, 83.515, covers apartment employees, not applicants (chapter 83, part II). Two limits apply:
- Screening companies may not report civil suits, civil judgments or arrest records more than seven years old, unless the statute of limitations runs longer, while criminal convictions have no federal time limit (15 U.S.C. 1681c). Eviction cases are civil suits.
- Neither the Florida nor the federal Fair Housing Act prohibits acting on a conviction for the illegal manufacture or distribution of a controlled substance (Fla. Stat. 760.29(5)(d); 42 U.S.C. 3607(b)(4)).
Whatever criminal and eviction criteria you use, write them down and apply them the same way to everyone.
Are application or screening fees capped?
No. Florida’s residential landlord-tenant law has no section on application fees (chapter 83, part II), so it sets no dollar limit. Cities and counties cannot add one, because section 83.425 supersedes local rules on rental applications and the fees associated with them (Fla. Stat. 83.425).
What about security deposits?
Florida sets no maximum deposit (Fla. Stat. 83.49). It regulates how you hold and return the money:
- Hold deposits and advance rent in a separate account at a Florida financial institution, interest-bearing or not, or post a surety bond.
- Disclose how the money is held, in the lease or in a written notice within 30 days of receiving it.
- After the lease ends, return the deposit within 15 days if you make no claim on it, or send written notice of your claim within 30 days.
You may choose to offer a fee in lieu of a security deposit. If you do, tell the tenant in writing that they may pay a security deposit instead at any time, and do not raise the fee during the lease (Fla. Stat. 83.491).
At a glance
| Rule | Florida | Source |
|---|---|---|
| Application fee cap | None; local rules on applications and fees preempted | Fla. Stat. 83.425 |
| Security deposit cap | None; disclosure within 30 days; return in 15 days or claim notice in 30 | Fla. Stat. 83.49 |
| Protected classes | The seven federal classes; counties add more | Fla. Stat. 760.23 |
| Source-of-income protection | Not statewide; Miami-Dade, Broward and unincorporated Orange County | Miami-Dade, Broward, Orange |
| Criminal and eviction history | No applicant screening section in chapter 83; federal seven-year limit on reporting arrests and civil judgments | 15 U.S.C. 1681c |
| Servicemember applications | Written decision within 7 days | Fla. Stat. 83.683 |