What can a landlord not ask during screening?

In many places, landlords and property managers are not allowed to ask about certain personal characteristics in a way that could exclude someone before a legitimate rental decision.

Even when a landlord can ask related questions later, the timing and wording matter. Screening must be consistent and applied the same way to every applicant.

If you’re unsure, keep the process simple: focus on rent ability, rental history, and documented criteria—then confirm local rules with a licensed property manager and, if needed, a local attorney. (OwnerLedger provides general guidance and can help you find a licensed manager, but we’re not a property management company.)

In the U.S., fair housing rules generally prohibit using certain characteristics to decide who gets housing. Many “do not ask” questions are tied to these protected classes.

Common examples include:
- Race or color
- Religion
- Sex (including pregnancy-related situations)
- National origin (including language/accents in a way that targets people)
- Familial status (such as having children)
- Disability (and related medical details)

A landlord typically must not ask questions that reveal or test these traits (or that steer or discourage specific groups).

Because laws vary by location, treat this as a practical checklist of common pitfalls—not a complete legal list. When in doubt, ask a licensed property manager how to word your forms.

Often problematic questions include requests for:
- Medical details, health history, or disability-specific information (instead, you may use lawful accommodations processes)
- “Are you married?” or “Do you plan to have kids?”
- Information that reveals national origin in a non-rental-related way (for example, birthplace questions aimed at identifying ethnicity)
- Sensitive personal details that go beyond job/income verification needed to assess ability to pay

Safer approach for screening: ask for documents that show income or ability to pay, and consistent rental-history information. Make criteria clear in writing and apply them the same way to everyone.

Some screening topics are allowed in certain ways, but not every question is allowed everywhere—and “how” you ask matters.

For example, credit and criminal-history screening policies may be restricted by local “ban the box” rules or other requirements. Immigration-related questions are especially sensitive and often restricted. The safest route is to use a licensed property manager’s lawful, state/local-compliant screening process.

If you’re a renter worried about questions you were asked: you can document what was asked and when, and contact a local fair-housing resource. If you’re a landlord, avoid one-off exceptions—use the same documented criteria for every applicant.

A fair process also requires fair paperwork. Before you sign anything, require clear written terms.

Common red flags:
- Hidden or vague fees (ask for the full fee list in writing)
- No written management agreement
- No clear maintenance policy (including whether maintenance markups are added)
- Pressure to sign on the spot
- No proof the manager is licensed/insured where required

Typical fee ranges you may see (ranges are not quotes):
- Ongoing property management: often about 8–12% of monthly rent (varies by market and services)
- Leasing fee: commonly around 50–100% of one month’s rent (varies; some markets use different structures)
- Renewal fee: sometimes a flat fee or a smaller percentage (varies)
- Setup fees: may exist for leasing/admin/turnover (varies)

For property managers you’re considering, verify licensing and ask how screening criteria are applied consistently. You can also start with a free match through get matched. For more background, see help and fees.

If you manage your own rentals, or you review a manager’s process, aim for consistency and documentation.

Practical steps:
1. Use the same application and criteria for every applicant.
2. Keep notes on rental-related reasons for approval/denial, tied to your written criteria.
3. Avoid questions about protected traits or medical/health details.
4. Use lawful verification steps (income/rent ability, rental history, references) and follow local requirements.
5. Give equal consideration and track decisions the same way each time.

If you’re a renter, ask what criteria are used and request a copy of your screening results if allowed in your area. If you’re an owner, consider using a licensed, insured property manager to reduce risk and paperwork stress. OwnerLedger is free for owners to use as a matching service; we don’t manage property. Learn more in guides.