Before handing over the keys, ask every prospective tenant for the same core set of documents: a government-issued photo ID, recent proof of income, two or three months of bank statements, written authorization to run a credit and background check, contact information for prior landlords, and a completed rental application. That is the short answer to what documents to ask from tenants. The longer answer is about applying the list the same way every time, knowing when to accept substitutes, and handling what you collect without creating legal exposure of your own.
Proof of Identity
Start with a government-issued photo ID: a driver’s license, state ID card, or passport. This confirms the applicant is who they say they are and makes sure the name on the application matches the name you run through screening. Keep a copy, but store it securely. Identity documents are a prime target for theft.
Proof of Income
Income verification is where screening most often goes wrong, usually because the landlord asks for the wrong thing. The standard benchmark among experienced landlords is gross monthly income of at least three times the rent. It isn’t law, but it leaves the tenant enough margin to actually pay you.
For salaried or hourly applicants, ask for the two or three most recent pay stubs. Add an employer verification letter or a quick call to HR confirming job title, status, and length of employment.
Self-employed applicants can’t produce pay stubs. Request the previous two years of federal tax returns (IRS Form 1040 with all schedules). A single 1099 shows gross payments from one client but not what the applicant actually earned after expenses. A profit-and-loss statement or a letter from the applicant’s accountant can supplement.
Bank Statements
Two to three months of bank statements fill in what pay stubs and tax returns leave out. You’re looking for whether the applicant has reserves for the deposit and first month, and whether their spending patterns are stable.
Look past the ending balance. Steady deposits that line up with claimed income are a good sign. Frequent overdrafts, bounced transactions, or balances that keep dipping near zero suggest trouble ahead. Large, erratic deposits with no clear source can signal instability or unreported income.
Credit and Background Check Authorization
A credit report shows payment history, outstanding balances, collections, bankruptcies, and judgments. The score is a snapshot; the detail is where the real information lives.
Under the Fair Credit Reporting Act, landlords have a permissible purpose to obtain a consumer report once an applicant initiates a rental transaction. Unlike employers, landlords aren’t subject to the same explicit written-consent requirement under the statute. In practice, most consumer reporting agencies won’t release a report without the applicant’s signed authorization, and written permission on your application form protects you if a dispute later arises. Build the consent into the application or use a separate signed form.
Criminal background checks carry extra legal risk. A blanket policy of rejecting anyone with any record can violate the Fair Housing Act if it disproportionately affects a protected class. HUD has taken the position that landlords should weigh the nature of the offense, how much time has passed, and whether it is relevant to tenancy, rather than applying automatic disqualifications. Whatever criteria you use, apply them to every applicant.
Rental History and Landlord References
Previous landlords tell you things a credit report cannot: whether rent arrived on time, whether the unit came back in good condition, whether neighbors complained, whether the lease was followed.
Contact at least the two most recent landlords. Reaching only the current one can mislead you, since a landlord eager to be rid of a problem tenant has every reason to give a glowing reference. Ask specifics: Any late payments? Proper notice at move-out? Any portion of the deposit withheld, and why? Evasive answers are themselves information. A landlord who confirms only the dates of tenancy is often saying something louder than that.
The Rental Application
The application form ties the file together. It should collect the applicant’s full legal name, date of birth, current and previous addresses, employment details, income, emergency contacts, and signed authorization for credit and background screening. A good form also asks about pets, vehicles, intended occupants, and whether the applicant has ever been evicted or broken a lease.
Use the same form for every applicant. Consistency is your strongest defense against a discrimination claim.
When Applicants Don’t Have Standard Paperwork
Not every applicant fits the pay-stub-and-credit-report mold. First-time renters, international students, recent immigrants, freelancers, and retirees need some flexibility, but flexibility is not a lower standard. The goal is equivalent documentation that proves the same three things: identity, ability to pay, and track record as a tenant.
- First-time renters: no rental history and often thin credit. A co-signer or guarantor with strong financials can bridge the gap. Weigh bank statements more heavily and accept personal or professional references in place of landlord references.
- International applicants: a passport for ID, foreign bank statements showing funds, proof of U.S. enrollment or employment, and a scholarship or financial aid letter if applicable. Some landlords accept a larger security deposit where local law allows, or point the applicant to a third-party guarantor service.
- Self-employed and gig workers: tax returns first, supplemented with bank statements, 1099s from multiple clients, and contracts showing ongoing work. Look for consistency across months rather than one strong period.
- Retirees: Social Security benefit statements, pension statements, and investment account summaries in place of pay stubs.
Refusing to consider alternative documents when standard ones aren’t available can create Fair Housing problems if the refusal disproportionately screens out protected groups.
Assistance Animal Documentation
Assistance animal requests trip up landlords constantly, and the mistakes get expensive. Under the Fair Housing Act, landlords must allow reasonable accommodations for tenants with disabilities, and that includes trained service animals and emotional support animals, even in no-pet properties.
What you can ask for depends on whether the disability is observable. If the disability and the need for the animal are both apparent, you generally cannot request documentation at all. If either is not obvious, you may ask for a note from a licensed healthcare professional confirming the disability and the therapeutic need for the animal. HUD has clarified that certificates, registrations, or licenses purchased from websites that sell them to anyone who answers a few questions and pays a fee are not reliable documentation. Documentation from a legitimate, licensed healthcare provider with personal knowledge of the individual is the standard. There is no required format.
What you cannot do: charge a pet deposit or pet rent for an assistance animal, require specific breeds or training certifications for emotional support animals, or demand detailed medical records about the nature of the disability.
Apply the Same List to Every Applicant
The Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, and disability.1Office of the Law Revision Counsel. 42 U.S. Code 3604 – Discrimination in the Sale or Rental of Housing and Other Prohibited Practices Your document requests cannot single out applicants based on any of those categories.
You cannot ask for medical records or disability information beyond what a reasonable accommodation request requires. You cannot require immigration documentation beyond a valid government-issued ID. You cannot ask about family planning, marital status, or religious affiliation. And you cannot vary documentation requirements by applicant: if one applicant has to provide bank statements, all of them do.
The safest approach is a written checklist, decided before you start reviewing anyone, applied identically to every applicant. If a denial is ever challenged, that written policy is your evidence.
If You Deny an Application, Send an Adverse Action Notice
This is the step most landlords skip, and the one most likely to turn into a lawsuit. If you deny an application based in whole or in part on information from a consumer report (credit report, tenant screening report, or criminal background check), federal law requires you to send the applicant an adverse action notice.2Office of the Law Revision Counsel. 15 U.S. Code 1681m – Requirements on Users of Consumer Reports
The notice has to include:
- The name, address, and phone number of the consumer reporting agency that provided the report.
- A statement that the reporting agency did not make the decision to deny and cannot explain why it was denied.
- Notice that the applicant can request a free copy of the report within 60 days.
- Notice that the applicant can dispute inaccurate information with the reporting agency.
- The numerical credit score, if a score factored into your decision.
The notice can be delivered in writing, orally, or electronically.2Office of the Law Revision Counsel. 15 U.S. Code 1681m – Requirements on Users of Consumer Reports Written is safest because it leaves a paper trail. Willful violations of the FCRA carry statutory damages, punitive damages, and attorney’s fees.3Office of the Law Revision Counsel. 15 U.S. Code 1681n – Civil Liability for Willful Noncompliance
Storing and Destroying What You Collect
Every document you ask for creates an obligation to protect it. Applications hold Social Security numbers, bank account details, and plenty of other material useful for identity theft. The federal Disposal Rule applies to anyone in possession of consumer report information, landlords included.
The FTC requires disposal that is “reasonable and appropriate to prevent unauthorized access.” Acceptable methods include shredding, burning, or pulverizing paper so it can’t be reconstructed, and destroying or erasing electronic files so they can’t be recovered. If you hire a destruction contractor, the FTC recommends checking references, reviewing security policies, and confirming certification by a recognized trade association.4Federal Trade Commission. Disposing of Consumer Report Information? Rule Tells How
During tenancy, keep physical copies in a locked cabinet and electronic copies in encrypted, password-protected files. Once the tenancy ends and any applicable retention period passes, destroy them. A cabinet full of old applications with Social Security numbers inside is a liability, not an archive.