How to Screen Tenants for Rental Properties in Florida: 7 State and Federal Laws Behind Every Application

Owner Guide · Tenant Screening Law · Florida

By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026

Most tenant screening guides focus on what to check: credit, income, rental history, criminal and eviction records. This one focuses on the rules around those checks. In Florida, the law that shapes a screening decision is mostly state and federal, and a landlord who understands that framework makes faster, more defensible decisions.

This is the statewide legal view, written for Palm Beach County owners. For the step-by-step process, read our guide to how property managers screen potential tenants. For report-by-report detail, see tenant background and credit checks. For a single city's association and timing issues, see our guide to screening tenants in Jupiter. This guide is general information, not legal advice; have your written criteria and lease reviewed by a Florida attorney.

Why Florida Screening Is a State-Law Question

Florida Statute §83.425, adopted in 2023, preempts the regulation of residential tenancies and the landlord-tenant relationship to the state. It supersedes local government regulations on matters covered by Part II of Chapter 83, and it names them: the screening process a landlord uses to approve tenancies, security deposits, rental agreement applications and their fees, lease terms, disclosures, fees charged by the landlord, and notice requirements.

For a landlord with homes in several Palm Beach County cities, that means one set of state screening rules rather than a different ordinance in each town. It does not mean anything goes. Federal law, including the Fair Housing Act and the Fair Credit Reporting Act, still applies, as does Florida's Fair Housing Act in Chapter 760. Association documents also still matter, because they are private rules that bind the owner of a home in that community.

The 7 Laws at a Glance

Application Fees and the Application Itself

Part II of Chapter 83 does not set a dollar limit on a landlord's application fee, and §83.425 lists applications and the fees associated with them among the matters preempted to the state. The practical limits are fairness and clarity. Disclose the fee and what it covers before anyone applies, charge it the same way to every adult applicant, and put your refund policy in writing. Collect a complete application from every adult who will live in the home, with written authorization to obtain consumer reports.

Association fees are a separate line. For condominiums, §718.112(2)(k) allows an approval fee only when the community's documents require approval and provide for a fee, caps it at $150 per applicant with periodic inflation adjustments, treats a married couple or a parent and dependent children as one applicant, and bars a fee for renewing the same tenant. Tell applicants about association fees up front so the cost is not a surprise after you have chosen them. Our guide to HOA rental restrictions in Palm Beach County covers what to verify before listing.

Fraud and Identity: What §817.537 Changed

Florida added §817.537 in 2026. It makes it a third-degree felony to take possession of a rental by knowingly and willfully making a materially false written statement about identity on a rental application, presenting forged, fictitious, or counterfeit documents such as a driver license, identification card, bank statement, or paystub, or impersonating another person in whose name an application was submitted.

The statute gives landlords a remedy after the fact. It does not do the verification for you. The defense is the same routine it has always been: match the ID to the person, tie pay records to the employer through a number you looked up yourself, confirm deposits on bank statements, and confirm that a prior landlord actually owned or managed the property before you rely on the reference. Our article on Florida's rental application fraud law covers how to handle a suspect file.

Fair Housing Under §760.23 and Federal Law

Florida Statute §760.23 makes it unlawful to refuse to rent after a bona fide offer, to set different terms, conditions, or privileges, or to publish an advertisement indicating a preference because of race, color, national origin, sex, disability, familial status, or religion. Familial status protection extends to anyone who is pregnant or securing custody of a minor. The statute also treats a refusal to make reasonable accommodations in rules and policies, when needed for a person with a disability, as discrimination. The federal Fair Housing Act at 42 U.S.C. §3604 sets parallel rules.

Two Florida provisions add servicemember protections. Under §83.67(3), a landlord may not discriminate against a servicemember in offering a unit for rent or in any lease term. Under §83.683, a landlord who requires an application must process a servicemember's application within 7 days and give a written approval or denial, with the reason for any denial, and the same rule applies to condominium, cooperative, and homeowners' associations. If the landlord misses the deadline, the landlord must lease to the servicemember if the other terms are met.

The best fair housing protection is a written standard that exists before any applicant appears and is applied identically to each one. When a consumer report contributes to a denial, federal law at 15 U.S.C. §1681m requires an adverse action notice naming the reporting agency and explaining the applicant's rights. Our Palm Beach Gardens guide to legal tenant screening walks through a full fair-screening policy.

Deposits and Advance Rent at Approval: §83.49

The money you collect when you approve an applicant is regulated from day one. Under §83.49(1), a landlord holding a security deposit or advance rent must either keep it in a separate non-interest-bearing account in a Florida financial institution, keep it in a separate interest-bearing account and pay the tenant the interest the statute specifies, or post a surety bond and pay interest. The money cannot be commingled or used until it is actually due to the landlord.

Section 83.49(2) requires written notice of how and where the money is held, in the lease or within 30 days of receipt, with the disclosure text the statute prescribes; the statute exempts landlords who rent fewer than five individual dwelling units. At the end of the tenancy, the deposit must be returned within 15 days if there is no claim. If there is a claim, written notice must go out within 30 days by certified mail to the last known mailing address, or by email as §83.505 allows. Miss that notice and the landlord forfeits the right to impose a claim on the deposit. When the rental agent changes, §83.49(7) requires the deposits to transfer with an accurate accounting.

Set your deposit policy as part of your written criteria, the same for every applicant who meets the same standard. If you plan to approve borderline files on condition of a larger deposit, ask your attorney first whether that conditional approval counts as adverse action under federal law. Our guides to security deposit laws in Palm Beach Gardens and security deposit rules in West Palm Beach cover the move-out side in detail.

What Income Standards Look Like Across Palm Beach County

Florida law does not set an income ratio, so the multiple is the owner's choice. Whatever you choose must be written and applied evenly. For scale, the table applies a common 3-times-rent standard to each city's median two-bedroom asking rent as of October 7, 2026, reported by PBP Real Estate on its city rental market pages.

A multiple is a starting point, not a verdict. Decide in advance how you will count self-employment, retirement, and other income, whether you accept a guarantor, and how you weigh savings. Then apply the answers to every file. Our countywide guide to tenant screening in Palm Beach County covers how to document those choices.

Common Mistakes Florida Landlords Make When Screening Tenants

• Assuming a city or county sets the screening rules. Section 83.425 preempts local regulation of screening, applications, fees, and deposits to the state.
• Charging application fees inconsistently. Disclose the fee up front and charge every adult applicant the same way.
• Relying on the fraud statute instead of verification. Section 817.537 punishes fraud after the fact; checking documents at the source prevents it.
• Missing the servicemember deadline. A written decision is due within 7 days, with reasons for a denial.
• Commingling the deposit. Section 83.49 requires a separate account or a surety bond from the day the money is received.
• Skipping the adverse action notice. A decision based on a consumer report requires one under federal law, every time.

How Atlis Screens Applicants Under Florida Law

Atlis is a licensed Florida brokerage, broker-owner led from our office on PGA Boulevard in Palm Beach Gardens and serving owners across Palm Beach County. As our tenant screening page describes, every applicant file covers credit, debt-to-income ratios, criminal history, employment verification, eviction history, and calls to previous landlords. Owners set lawful criteria with us before the listing goes live; we apply them the same way to every applicant, document each decision, and send required notices. Our tenants renew at a 74% rate, and homes lease in 21 days on average.

Under our eight written guarantees, if a tenant we place must be replaced within the first 12 months, we place a new qualified tenant at no additional leasing cost. Our management fee, and the leasing and renewal fees that are billed separately, are on our pricing page.

Frequently Asked Questions

Florida's screening rules are clearer than many owners expect, and most problems come from inconsistency rather than ignorance of the law. If you want a second look at your criteria or deposit practice, we are glad to help.