How to Screen Tenants Legally in Washington
A fair, consistent screening process is your single best defense against problem tenancies — and against fair housing complaints. Here's how to do it right.
Tenant screening is where good landlording begins. The right process helps you find reliable, long-term residents while keeping you on the right side of federal and Washington fair housing law.
The key principle: define your criteria in writing before you list, then apply them identically to every applicant. Consistency protects you.
Know the fair housing rules
The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. Washington's Law Against Discrimination adds more protected classes, including marital status, sexual orientation, source of income, and military status.
'Source of income' protection is critical in Washington: you generally cannot refuse an applicant simply because they use a housing voucher (such as Section 8) or other lawful income source.
Set written screening criteria
Establish objective standards before advertising, and give them to applicants in writing. This makes your decisions defensible and transparent.
- Income: commonly 2.5–3x the monthly rent in verifiable income
- Credit: a minimum score or review of payment history and debts
- Rental history: positive references and no relevant prior evictions
- Background: criminal history reviewed individually and lawfully
- Identity and employment verification
Handle screening fees correctly
In Washington, if you charge a screening fee, you can only charge the actual cost of obtaining the screening report and your time — not a profit. You must provide the applicant with written notice of what the screening will cost and what criteria you use, and tell them which consumer reporting agency you use.
If you reject an applicant based on a screening report, you must provide an 'adverse action' notice identifying the reason and the reporting agency that supplied the information.
Screen every applicant the same way
Process applications in a consistent order (many landlords use first-qualified, first-served) and apply the exact same criteria to everyone. Never make exceptions based on a 'gut feeling' — inconsistency is what turns a routine denial into a discrimination claim.
Document everything: the criteria, the application, the report, and the reason for approval or denial. Good records are your protection if a decision is ever challenged.
Frequently Asked Questions
What can I legally screen tenants for in Washington?
You can screen for income, credit history, rental history, verifiable employment, and criminal background (reviewed individually), as long as your criteria are applied consistently and don't discriminate against a protected class.
Can I refuse a tenant who uses a Section 8 voucher?
Generally no. Washington's source-of-income protections make it unlawful to reject applicants simply because they pay with a housing voucher or other lawful income source.
How much can I charge for a tenant screening fee in Washington?
Only the actual cost of the screening report plus your reasonable time to process it — you cannot charge more than your actual costs. You must disclose the cost and criteria in writing beforehand.
What is an adverse action notice?
If you deny an applicant based on a screening or credit report, you must give them a written adverse action notice stating the reason and identifying the consumer reporting agency that provided the information.
What income requirement is standard for rentals?
Many Washington landlords require verifiable income of 2.5 to 3 times the monthly rent, but the exact figure is up to you as long as it's applied consistently to all applicants.
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- Federal Fair Housing Act — U.S. Department of Housing and Urban Development (hud.gov)
- RCW 49.60 — Washington Law Against Discrimination (app.leg.wa.gov)
- RCW 59.18.257 — Screening of tenants — Notice to prospective tenant — Costs (app.leg.wa.gov)
- Fair Credit Reporting Act — Federal Trade Commission (ftc.gov)
- Washington State Human Rights Commission — Fair housing guidance (hum.wa.gov)
This article is for general informational purposes and reflects Washington State law as of July 2026. It is not legal advice. Landlord-tenant rules change and vary by city and county — consult a qualified attorney or your local housing authority for guidance on your specific situation.