Maryland landlords can legally screen tenants using credit history, criminal background, eviction records, income verification, and rental references โ as long as criteria are applied consistently to every applicant. Maryland prohibits discrimination based on source of income (including Section 8), so you cannot refuse housing voucher holders. Document your screening standards in writing before you start accepting applications.
Choosing the wrong tenant is one of the most expensive mistakes a landlord can make. A bad placement can cost $5,000โ$15,000 in unpaid rent, property damage, and eviction costs. But screening too aggressively โ or using the wrong criteria โ can expose you to fair housing violations that cost even more. Here's exactly how to do it right in Maryland.
Maryland law requires landlords to have written screening criteria available to applicants upon request. You must apply these criteria consistently to every applicant. Inconsistent application is one of the most common triggers for fair housing complaints โ even when the landlord had no discriminatory intent.
Before you accept a single application, document your minimum standards in writing. These should cover:
The industry standard โ and most legally defensible โ is 2.5x to 3x the monthly rent in gross income. For a $1,800/month rental, you'd require $4,500โ$5,400/month gross income. This can include employment income, self-employment, retirement, disability, and โ importantly โ housing vouchers.
Most landlords require a minimum of 600โ650 credit score. Specify what derogatory items are disqualifying: active collections, recent bankruptcies, unpaid landlord judgments. Write it down before you run the first check.
Define how many prior evictions are disqualifying (typically any eviction in the last 5 years). Specify what you'll verify: on-time rent payment, lease compliance, property condition at move-out.
Maryland follows HUD guidance on criminal screening โ you cannot have a blanket "no criminal history" policy. You must consider the nature of the offense, how long ago it occurred, and whether it's relevant to tenancy. Drug manufacturing and certain violent offenses are generally permissible to screen for. Arrests without conviction are generally not.
Use a written rental application that collects:
Maryland law limits what you can charge for an application fee. The fee must not exceed the actual cost of the credit and background check. You cannot profit from application fees. Keep receipts from your screening service and charge only what you actually paid.
Pull a full credit report through a legitimate tenant screening service. Look for:
Recommended screening services: TransUnion SmartMove, RentPrep, Avail, or Buildium (which we use at HBAY). These are FCRA-compliant and built for landlords.
A background check should include:
HUD's 2016 guidance prohibits blanket criminal history bans as they can have a disparate impact on protected classes. You must do an individualized assessment โ considering the nature of the crime, time elapsed, and evidence of rehabilitation. Consult an attorney if you're unsure whether a specific criminal history is grounds for denial.
Verify income โ don't just take the applicant's word for it. Acceptable documentation includes:
| Income Type | Acceptable Documentation |
|---|---|
| Employment | 2 most recent pay stubs + employer verification call |
| Self-employment | Last 2 years tax returns + most recent bank statements |
| Retirement/pension | Award letter or most recent statement |
| Social Security/Disability | SSA award letter |
| Section 8 / Housing Voucher | Voucher letter from housing authority |
| Child support/alimony | Court order + 6 months bank statements showing receipt |
Call prior landlords โ not just the current one. Current landlords sometimes give good references to get rid of problem tenants. The landlord from 2 tenancies ago is often more candid. Ask:
Maryland's Fair Housing Act prohibits discrimination based on:
| Protected Class | Notes |
|---|---|
| Race, color, national origin | Federal and state protection |
| Religion | Federal and state protection |
| Sex / gender | Federal and state protection |
| Disability | Must provide reasonable accommodations |
| Familial status | Cannot reject families with children under 18 |
| Marital status | Maryland-specific protection |
| Source of income | Maryland-specific โ includes Section 8 vouchers |
Unlike many states, Maryland explicitly prohibits refusing to rent to someone based on their source of income โ including Section 8 housing vouchers. If an applicant with a voucher meets your income and screening criteria, you cannot deny them solely because of the voucher. Violations can result in significant fines and civil liability.
Beyond the hard criteria, experienced landlords watch for these warning signs:
If you deny an applicant based on a credit or background report, federal law (FCRA) requires you to send an Adverse Action Notice that:
Most tenant screening services generate this notice automatically. Don't skip it โ failure to provide an adverse action notice is an FCRA violation.
At HBAY, we handle the entire tenant screening process โ including credit checks, background checks, income verification, and reference calls โ as part of our flat $150/month management fee. No extra charge, no markup. And if a tenant we place ever needs to be evicted, we cover up to $3,000 in legal costs. We're invested in getting placement right.
HBAY screens every tenant thoroughly โ credit, background, eviction history, income verification, and landlord references โ all included in your flat monthly fee. And if it ever goes wrong, our eviction protection covers you up to $3,000.
Get 3 Months Free โ ๐ Call (443) 360-7991HBAY screens tenants for landlords throughout Baltimore County and Howard County, including Towson, Catonsville, Ellicott City, and Columbia.