Criteria for renting a house: landlord screening and legal rules

Last updated 2026-07-25

What criteria can a landlord actually use to rent a house?

Most landlords build their screening around four things: income, credit, rental history, and a background check. There's no single national rulebook that says exactly which numbers to use, so what you see varies a lot by market and by landlord. Income is the most common threshold. A lot of landlords ask for gross monthly income equal to 2.5 to 3 times the rent. That's a norm, not a law. Some cities and some affordable housing programs cap it lower or ban it as the sole disqualifier when a tenant has a housing voucher. HUD's Office of Fair Housing notes that source-of-income protections (covering vouchers, for example) exist in a growing number of states and cities, though not everywhere ^[1]. Credit history usually means a credit score cutoff (often somewhere in the 600s, though this varies widely) plus a look at collections, especially any prior landlord-tenant judgments or unpaid rent balances. Rental history means calling previous landlords and checking for on-time payment, lease violations, and how the tenant left the unit. A background check often covers criminal history and eviction records, and this is one area where the law is tightening: HUD's 2016 guidance says a blanket ban on renting to anyone with a criminal record can violate the Fair Housing Act because it can have a disparate impact on protected groups, even if the policy doesn't mention race directly ^[2]. What you cannot do, ever, is apply different criteria based on race, color, national origin, religion, sex, familial status, or disability. That's the floor set by the federal Fair Housing Act, 42 U.S.C. § 3604 ^[3]. States and cities regularly add more protected categories on top of that (source of income, sexual orientation, gender identity, age, immigration status in some places). So the honest answer to "what criteria can I use" is: pick objective, uniformly applied financial and history-based standards, write them down, and confirm against your state and city fair housing rules before you screen your first applicant. For city-specific rental rules once you've got a tenant in place, see our guides on tenant rights and tenants rights by jurisdiction.

How do you become a landlord?

Becoming a landlord is mostly a paperwork and math exercise before it's ever a people exercise. You need a property that's legally rentable, financing or ownership sorted out, and, in a lot of cities now, a rental license or registration before you can sign a lease at all. Start with the legal side. Many cities require landlords to register the rental unit, get a license, or pass an initial inspection before renting, and fines for skipping this step run from small administrative fees to real money if a tenant complains or the city finds out during a dispute. Requirements differ enormously: some cities require nothing beyond paying property tax, others require an inspection every one to three years and a per-unit annual fee that can run from under $50 to several hundred dollars, confirm with your city rental licensing office for exact numbers. Next comes money. Landlords need to figure out rent pricing, a security deposit strategy that follows state deposit-limit and interest rules, and basic bookkeeping for tax purposes (rental income and expenses go on IRS Schedule E) ^[4]. Landlords also need insurance, typically a landlord/dwelling policy (different from a standard homeowner's policy) that covers liability and loss of rental income. Then the operational pieces: a written lease, a screening process, a maintenance plan, and a way to handle repairs and emergencies. If you're renting out a single house you inherited or bought, you don't need an LLC or a property management company to start, but you do need to know your local landlord-tenant statute, because that's what governs notice periods, security deposit return deadlines, and eviction procedure. If your city requires a rental license, our City Rental License & Inspection Prep Packet is built to walk a first-time landlord through that specific step: what documents your city typically asks for, how to prep for the walk-through, and how to track renewal deadlines, for a one-time $79 fee. For city-by-city licensing detail, check our landlord and landlord landlords hub pages.

What is landlording, and what is a landlord?

A landlord is the person or entity that owns real property and rents it to someone else (a tenant) in exchange for payment, usually under a lease. Landlording is the ongoing work of managing that arrangement: collecting rent, maintaining the property, handling repairs, following notice rules, and staying compliant with local housing codes. Legally, a landlord has two big buckets of obligation. First, the lease itself, a contract that sets rent, term, and rules. Second, and this trips up a lot of new landlords, a set of statutory duties that exist whether or not the lease mentions them. Most states impose an "implied warranty of habitability," meaning a landlord must keep the unit livable (working plumbing, heat, structural safety) regardless of what the lease says. This doctrine traces back to cases like Javins v. First National Realty Corp. (D.C. Cir. 1970), which held that a lease of an urban dwelling carries an implied warranty that the landlord will maintain it in compliance with the local housing code throughout the tenancy ^[5]. Day to day, landlording means things like: responding to repair requests within a reasonable time (often defined by statute, commonly 24 to 72 hours for urgent issues like no heat or no water, longer for minor items), giving legally sufficient notice before entering the unit, handling security deposits according to state timelines and interest rules, and renewing any required rental license or registration before it lapses. A lot of new landlords underestimate how much of the job is compliance paperwork rather than tenant relations. If you own one or two units in a city with a rental registration ordinance, the recurring tasks (annual registration, periodic inspection, business license renewal) can eat more time than actual tenant turnover.

What rights do tenants have without a lease?

Tenants without a written lease still have real legal protections. In most states, a tenant paying rent without a signed lease is treated as a "tenant at will" or a month-to-month tenant, and that status still carries statutory rights around notice, habitability, and eviction procedure. The core rights that survive without a written lease generally include: the right to a habitable unit (the implied warranty of habitability applies regardless of whether there's paperwork) ^[5], the right to proper notice before the landlord can terminate the tenancy or raise rent (notice periods for month-to-month tenancies are set by state statute, commonly 30 days, though some states require more for longer tenancies), and the right to due process before eviction, meaning a landlord cannot simply change the locks or remove belongings. Self-help eviction (lockouts, utility shutoffs, removing a tenant's possessions without a court order) is illegal in the large majority of states. A landlord also generally still owes an oral or implied lease tenant the same protections against retaliation and discrimination that a written-lease tenant has. The absence of a signed document does not waive Fair Housing Act protections ^[3]. What a tenant without a lease usually loses is certainty: without written terms, a lot ends up being "what does state law default to," and defaults vary. If there's a dispute about rent amount, rules, or move-out condition, it can come down to conflicting testimony rather than a document. That's a real practical risk for both sides, which is part of why most attorneys and tenant advocacy groups recommend getting something in writing even if it's short. For more on tenant-side protections by city, see renters rights and tenant and tenant.

How to be a landlord: the day-to-day compliance checklist

Being a landlord well is less about personality and more about a repeatable checklist. Here's roughly what that checklist looks like for someone with one to ten units. Before renting: confirm zoning allows the rental use, check if your city or county requires a rental license or registration (a growing number do; some require it even for a single-family home rented out by an owner-occupant who moves), get landlord insurance in place, and set up separate bookkeeping for the property. While marketing and screening: apply the same written criteria to every applicant (income multiple, credit threshold, rental history check), pull a background check through a legitimate tenant screening service that complies with the Fair Credit Reporting Act, and provide adverse action notices when you deny an applicant based on a credit report, which is a requirement under FCRA, 15 U.S.C. § 1681m ^[6]. During the tenancy: give proper notice before entering (see the notice section below), respond to repair requests promptly, keep the security deposit in whatever escrow or interest-bearing arrangement your state requires, and track your city's rental license renewal date so you don't let it lapse. At move-out: do a move-out inspection, return the deposit (minus itemized deductions) within your state's deadline, commonly 14 to 30 days depending on the state, and keep documentation (photos, itemized list) in case of a dispute. Throughout, keep your rental license or registration current if your city requires one; letting it lapse is one of the most common (and most avoidable) sources of fines for small landlords.

Who is responsible for a rental property walk-through inspection in California?

In California, responsibility for a walk-through inspection splits depending on which inspection you mean. There are two different "walk-through" concepts that get confused constantly, plus a separate city-level rental inspection program in some California cities. First, the move-in/move-out walk-through under California Civil Code § 1950.5 is a tenant right, not a city mandate. If a landlord intends to withhold any part of a security deposit at move-out, California law gives the tenant the right to request an initial inspection before move-out, done "no earlier than two weeks before" the end of the tenancy, so the tenant gets a chance to fix issues before final deductions are made ^[7]. The landlord has to give written notice of that right and, if the tenant requests it, must perform the inspection and give the tenant an itemized statement of what needs fixing or cleaning. So for that inspection: the landlord conducts it, but the tenant has the right to request it and to be present. Second, separate from that deposit-related inspection, some California cities (not a statewide program) run mandatory rental housing inspection programs under local building and housing codes, where city inspectors, not the landlord or tenant, do a periodic habitability inspection of the unit (checking smoke detectors, plumbing, electrical, structural issues) as a condition of a rental license or registration. Whether your property is subject to one of these depends entirely on your city; confirm with your city rental licensing office whether such a program exists and how often inspections recur. So the short answer: for the deposit-related walk-through, it's the landlord's job to perform it if the tenant requests it, under state law. For a city habitability inspection program, if one exists where the property sits, it's a city inspector's job, and the landlord's job is mainly to schedule it and be present.

What can a landlord look at during an inspection?

What a landlord can look at during an inspection depends on the inspection's purpose, and this is one area where landlords overstep more than they realize. There are basically three inspection types, and each has a different scope. Routine maintenance or habitability inspections (checking smoke detectors, HVAC filters, plumbing leaks, signs of pest issues, general condition) are legitimate and courts generally treat these as within a landlord's right to inspect, provided proper notice is given. A landlord can look at anything reasonably connected to maintaining the property and confirming it's safe and code-compliant: appliances, fixtures, visible mold or water damage, working smoke and carbon monoxide detectors, and general cleanliness that could affect the unit's condition. Move-out or pre-move-out inspections focus on damage versus normal wear and tear, since that distinction determines what can be deducted from a security deposit. What a landlord generally cannot do during any inspection: search through a tenant's personal belongings, closets, or drawers beyond what's necessary to see the item being inspected (say, checking under a sink for a leak is fine; going through a filing cabinet is not), take photos of personal items unrelated to the property's condition, or use the inspection as a pretext to harass, intimidate, or retaliate against a tenant who filed a complaint. Many states also limit inspection frequency for reasons unrelated to a specific request or emergency; check your state's landlord-tenant statute for any cap on non-emergency inspection frequency. City rental license inspections, where a city inspector rather than the landlord does the walk-through, generally focus narrowly on code items: smoke and CO detector function, egress windows, electrical panel condition, visible structural issues, water heater safety (temperature/pressure relief valve, strapping in earthquake zones), and similar life-safety items rather than cosmetic condition.

How much notice does a landlord have to give before entering or ending a tenancy?

Notice requirements split into two very different categories: notice to enter the unit, and notice to end or change a tenancy. Both vary by state, and there is no single national number, so treat any figure below as a common range, not a guarantee for your address. For entry notice, many states set 24 hours as the standard for non-emergency entry (repairs, inspections, showings). California's Civil Code § 1954 specifies "reasonable notice," and the statute states that 24 hours is presumed reasonable absent evidence to the contrary ^[8]. Other states use different numbers or leave it to "reasonable notice" without a fixed hour count, so this is one of the highest-value things to confirm against your specific state statute before you ever knock on a tenant's door. For ending a month-to-month tenancy, 30 days' notice is the most common default across states, though some states require 60 days if the tenant has lived there a year or more (California is one example, again under Civil Code § 1946.1) ^[9]. For a fixed-term lease, notice requirements at the end of the term depend on what the lease itself says, since a fixed term generally ends on its own without notice unless the lease or local law says otherwise. For rent increases, notice periods often mirror termination notice periods (30 or 60 days depending on the size of the increase and the state), and some jurisdictions with rent stabilization ordinances impose additional caps and notice rules on top of the state default. Emergency entry (fire, flood, a tenant safety issue) is the one situation where most states allow a landlord to enter without advance notice at all. Outside of an actual emergency, skipping notice is one of the more common sources of tenant complaints and, in some cities, fair housing or harassment claims.

Why do landlords require renters insurance?

Landlords require renters insurance mainly to shift liability and personal property risk off their own policy and onto the tenant's. A landlord's own dwelling policy typically covers the building and the landlord's liability, but it generally does not cover a tenant's personal belongings or a tenant's liability for incidents they cause inside the unit. If a tenant's cooking fire damages the unit, or a tenant's dog bites a visitor, the landlord's policy may pay out for the structure, but the landlord (and the landlord's insurer) may then look to recover costs, and having the tenant carry their own liability coverage reduces that fight. Renters insurance is also just cheap relative to what it covers: the average cost is commonly cited in the range of $15 to $30 per month depending on coverage limits and location, according to insurance industry data compiled by state insurance departments (exact figures vary by state and carrier, so check your state insurance department's consumer guidance for local averages). There's also a practical reason: renters insurance often covers "loss of use" costs, meaning if the unit becomes temporarily uninhabitable (a fire, a burst pipe), the tenant's policy can pay for a hotel or short-term rental while repairs happen, instead of that becoming the landlord's problem to solve or fund. Whether a landlord can legally require renters insurance as a lease condition is generally yes, in most states, provided it's applied to all tenants consistently and doesn't conflict with any local rent control or tenant protection ordinance that restricts what can be added to a lease. Some cities with strict tenant protection laws limit what new conditions a landlord can impose mid-tenancy, so check local rules before adding a renters insurance requirement to an existing lease rather than a new one.

What can't a landlord do in Ohio?

Ohio's landlord-tenant law is codified mainly in Ohio Revised Code Chapter 5321, and it lays out a specific list of landlord obligations and prohibitions that differ in some notable ways from other states. Ohio landlords cannot engage in "self-help" eviction. Under ORC § 5321.15, a landlord may not seize a tenant's property, change the locks, or shut off utilities to force a tenant out; the statute makes clear that recovery of possession of residential premises must go through the proper legal eviction (forcible entry and detainer) process, not landlord self-help ^[10]. Ohio landlords also cannot retaliate against a tenant for exercising legal rights, such as reporting a housing code violation, joining a tenant organization, or asserting rights under the lease; ORC § 5321.02 specifically prohibits a landlord from terminating a tenancy, raising rent, or decreasing services in retaliation for a tenant's good-faith complaint to a governmental agency ^[11]. Ohio landlords have affirmative maintenance duties under ORC § 5321.04, including keeping the premises in a fit and habitable condition, complying with building and housing codes materially affecting health and safety, keeping common areas safe, and maintaining electrical, plumbing, sanitary, heating, and appliances supplied or required to be supplied by the landlord . Failing to meet these duties is more than a lease issue; a tenant may have remedies including rent escrow through the local court, under ORC § 5321.07, if the landlord fails to fix a condition after receiving proper written notice. Ohio landlords also cannot discriminate based on the categories protected by the federal Fair Housing Act (race, color, religion, sex, national origin, disability, familial status) ^[3], and Ohio's own civil rights law (Ohio Revised Code Chapter 4112) adds state-level fair housing protections that mirror and, in some respects, extend those federal categories.

How does a rental license fit into all of this?

For a lot of small landlords, the criteria conversation (income, credit, background checks) happens well after the more basic question: is this property even legally allowed to be rented right now? A growing number of cities require a rental license, registration, or periodic inspection before a unit can be leased at all, separate from anything about the tenant. These programs vary enormously. Some cities charge a flat annual fee per unit (commonly somewhere between $25 and a few hundred dollars, though this is genuinely all over the map, confirm with your city rental licensing office), some require an inspection every renewal cycle, and some only require registration with no inspection at all. Fines for operating without a required license also vary widely, from modest late fees to per-day penalties that can add up fast if a complaint triggers a compliance check. If you're a landlord with one or two houses and you've just gotten an ordinance notice, inspection deadline, or violation fine in the mail, the first move is confirming exactly what your specific city requires: which department handles it, what the renewal cycle is, and what documents or inspection items they check. Our City Rental License & Inspection Prep Packet is a one-time $79 resource built for exactly that moment: it walks you through what a typical inspection checklist covers, how to organize the paperwork most cities ask for, and how to track your renewal date so you're not caught off guard again. It's not legal advice and it doesn't replace confirming specifics with your city, but it's a practical starting point when you're staring at a notice and don't know where to begin.

Frequently asked questions

What income do you need to qualify to rent a house?

Most landlords look for gross monthly income equal to 2.5 to 3 times the monthly rent, though this is a common industry norm rather than a legal requirement. Some cities restrict using income multiples to deny applicants using housing vouchers as their income source; check local source-of-income protection laws.

Can a landlord deny you for bad credit?

Yes, in most places, as long as the credit standard is applied uniformly to all applicants and isn't a pretext for discrimination against a protected class. If a landlord denies an applicant based on a credit report, the Fair Credit Reporting Act requires an adverse action notice explaining the denial and the reporting agency used ^[6].

How to become a landlord with one rental house?

Confirm zoning allows rental use, check whether your city requires a rental license or registration, get landlord insurance, set your rent and deposit terms within state limits, write a lease, screen tenants with uniform criteria, and set up bookkeeping for Schedule E tax reporting. Many cities require licensing before you can legally lease.

What is landlording as a general term?

Landlording is the ongoing work of owning and managing rental property: collecting rent, maintaining habitability, handling repairs, giving legally required notices, managing security deposits, and staying current on any rental license or registration your city requires.

What rights does a tenant have without a signed lease?

A tenant without a lease is usually treated as a month-to-month or at-will tenant under state law, and still keeps rights to habitability, proper notice before eviction or rent changes, protection from illegal lockouts, and fair housing protections. Self-help eviction without a court order is illegal in most states regardless of lease status.

Who does the walk-through inspection in California, the landlord or a city inspector?

For the deposit-related move-out inspection under California Civil Code § 1950.5, the landlord performs it if the tenant requests one, giving the tenant a chance to fix issues before final deductions ^[7]. Separately, some California cities run their own habitability inspection programs where a city inspector, not the landlord, does the check.

What can a landlord check during a rental inspection?

A landlord can check items connected to maintenance and safety: smoke and CO detectors, plumbing, HVAC, appliances, visible damage or mold, and general condition. A landlord generally cannot search personal belongings, drawers, or closets beyond what's needed to inspect the item in question.

How much notice must a landlord give before entering a rental unit?

Many states use 24 hours as the standard for non-emergency entry; California's Civil Code § 1954 presumes 24 hours is reasonable notice ^[8]. Requirements vary by state, so confirm your specific state's landlord-tenant statute, since some states use different hour counts or a general "reasonable notice" standard.

How much notice does a landlord need to end a month-to-month lease?

30 days is the most common default across states for ending a month-to-month tenancy. Some states require 60 days if the tenant has lived in the unit a year or longer; California requires 60 days' notice for tenants of one year or more under Civil Code § 1946.1 ^[9].

Why do landlords require tenants to carry renters insurance?

Renters insurance covers a tenant's personal property and personal liability, which a landlord's own dwelling policy usually does not cover. It also often pays for temporary housing if the unit becomes unlivable, reducing disputes and costs the landlord would otherwise absorb.

What can't a landlord do in Ohio specifically?

Ohio landlords cannot use self-help eviction (changing locks, shutting off utilities, seizing belongings) under ORC § 5321.15, cannot retaliate against tenants for good-faith complaints under ORC § 5321.02, and must maintain habitable conditions under ORC § 5321.04 ^[10][11][12].

Can a landlord require renters insurance as a lease condition?

In most states, yes, provided the requirement applies to all tenants consistently and doesn't conflict with local rent control or tenant protection ordinances that limit new lease conditions. Confirm local rules before adding the requirement to an existing lease mid-tenancy rather than at renewal or move-in.

Is a rental license the same thing as tenant screening criteria?

No. A rental license or registration is a city requirement that the property itself is legally allowed to be rented, separate from any criteria a landlord uses to screen individual tenant applicants. A landlord can meet all licensing requirements and still need a separate, lawful tenant screening policy.

Sources

1. HUD, Office of Fair Housing and Equal Opportunity: Source-of-income protections exist in a growing number of states and cities, though not nationwide
2. 42 U.S.C. § 3604, Fair Housing Act: Federal law bars housing discrimination based on race, color, national origin, religion, sex, familial status, and disability
3. IRS, Schedule E (Form 1040) instructions: Rental income and expenses are reported on IRS Schedule E
4. Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970): Established the implied warranty of habitability in residential leases
5. 15 U.S.C. § 1681m, Fair Credit Reporting Act: Landlords must provide adverse action notices when denying an applicant based on a credit report
6. California Civil Code § 1950.5: Tenants have the right to request a pre-move-out inspection no earlier than two weeks before tenancy ends
7. California Civil Code § 1954: 24 hours is presumed reasonable notice for landlord entry in California
8. California Civil Code § 1946.1: California requires 60 days' notice to terminate tenancies of one year or more
9. Ohio Revised Code § 5321.15: Ohio prohibits landlord self-help eviction, including lockouts and utility shutoffs
10. Ohio Revised Code § 5321.02: Ohio prohibits landlord retaliation against tenants for good-faith complaints
11. Ohio Revised Code § 5321.04: Ohio requires landlords to maintain habitable premises and comply with health and safety codes