Can a landlord in Florida reject my application just because I have a criminal record?

A landlord can consider your criminal history, but a blanket ban against anyone with a record may violate federal fair housing rules if it results in discrimination.

Are there Florida cities with extra protections for renters with criminal records?

Some local areas may have their own fair chance housing rules. Check with your city or county housing agency for details.

Can a landlord ask about arrests that did not result in conviction?

No, landlords cannot use arrest records alone (without a conviction) to deny housing in Florida.

How do I file a discrimination complaint regarding a criminal history policy?

You can file a complaint with the Florida Commission on Human Relations using their official complaint form or online portal.

Is there a Florida law that restricts landlord background checks?

Florida law does not specifically restrict criminal background checks, but landlords must still comply with federal and local fair housing laws.

Florida Renters: Criminal History Screening Rights Explained

Discrimination & Fair Housing Laws Florida published: June 21, 2025

Finding a new rental home in Florida can feel overwhelming, especially when questions about background checks arise. Many renters wonder if landlords are allowed to ask about criminal history during the application process. It’s essential to know your rights and the limits set by Florida law and federal fair housing rules, so you can feel confident and protected while searching for a place to live.

Are Florida Landlords Allowed to Ask About Criminal History?

In Florida, landlords can ask about your criminal history as part of the rental application process. Currently, Florida law does not prohibit landlords from running criminal background checks or asking applicants about their criminal records. However, this does not give landlords unlimited freedom to discriminate against any applicant with a record.

What Laws Protect Florida Renters?

Your rights around background checks are protected primarily by two laws:

The federal Fair Housing Act bans discrimination based on race, color, national origin, religion, sex, disability, or familial status. While it does not include criminal history, the U.S. Department of Housing and Urban Development (HUD) states that a blanket ban on people with any criminal record could be illegal if it causes discrimination against protected groups.^[1]
The Florida Residential Landlord and Tenant Act oversees rental agreements and tenant rights, but it does not address criminal background checks directly.^[2]

Some cities or counties may have additional local rules—always check with your local housing agency.

How Landlords Can Use Criminal History

Florida landlords may consider criminal records when screening applicants, but they must apply these policies fairly and consistently. The HUD advises that landlords should:

Consider the nature and severity of the offense
Review how long ago the offense occurred
Allow applicants to explain the circumstances

Landlords cannot use arrest records that did not result in conviction to deny housing.

Refusing to rent to all applicants with any criminal history ('blanket ban') could be considered discriminatory if it disproportionately affects people in protected groups. If you think this has happened to you, you may have grounds to file a fair housing complaint.

Filing a Fair Housing Complaint in Florida

If you believe a landlord denied you housing due to a discriminatory criminal history policy, you can file a complaint with the Florida Commission on Human Relations (FCHR). You can also file through the U.S. Department of Housing and Urban Development.

Official Forms: Fair Housing Complaint

Fair Housing Discrimination Complaint Form (FCHR Form 017)
Use this form to report suspected housing discrimination based on protected characteristics, including if a criminal background policy affects protected classes unfairly.
Download FCHR Form 017

Example: If your rental application was rejected due to a criminal conviction policy you believe unfairly targets a group you belong to, complete the form and submit it to the FCHR either by mail or online as directed on their website.

Which Board Handles Tenant Complaints?

The main state agency overseeing residential tenancy disputes in Florida is the Florida Commission on Human Relations (FCHR). They accept and investigate discrimination complaints related to rental housing statewide.^[3]

Tip: Keep copies of your rental application, communications with the landlord, and any documentation regarding the denial or background check. This will support your case if you file a complaint.

FAQ: Florida Tenant Questions about Criminal History Screening

Can a landlord in Florida reject my application just because I have a criminal record?
Landlords can consider your criminal history, but a blanket ban on anyone with a record may be unlawful if it leads to discrimination against protected groups under the Fair Housing Act.
Are there any Florida cities with extra protections for people with criminal records?
Some local jurisdictions may have their own ordinances. Check with your local housing assistance office or city website for possible “fair chance” housing rules.
Can a landlord ask about arrests that did not result in a conviction?
No, landlords cannot use or rely on arrests alone (without convictions) to deny a rental application.
How do I file a discrimination complaint if I suspect unfair treatment?
File a complaint with the Florida Commission on Human Relations (FCHR) using FCHR Form 017 or online via the FCHR website.
Is there a specific law in Florida that limits landlord background checks?
No, the Florida Residential Landlord and Tenant Act does not restrict background checks, but federal fair housing laws still apply.

Summary: What Florida Renters Should Know

Florida landlords can ask about criminal history but must comply with federal fair housing laws.
Blanket bans on applicants with any criminal record may be illegal if they impact protected groups.
If you feel you were denied housing unfairly, you can file a complaint with the Florida Commission on Human Relations.

Understanding your rights helps you confidently address any issues related to criminal background checks during your rental search.

Need Help? Resources for Renters

Florida Commission on Human Relations (FCHR) – State agency for handling housing discrimination and fair housing complaints.
HUD Fair Housing and Equal Opportunity – Federal resources, complaint filing, and guidance.
Florida Residential Landlord and Tenant Act – Official state legislation governing tenant and landlord rights.
Florida Housing Finance Corporation – Housing assistance and renter resources.

U.S. Department of Housing and Urban Development, The Fair Housing Act
Florida Legislature, Florida Residential Landlord and Tenant Act (Chapter 83 Florida Statutes)
Florida Commission on Human Relations