How long should a landlord keep rental applications?
No federal law gives private landlords one number, so the practical answer is to keep each application long enough to defend your decision and no longer. A fair housing complaint can be filed with HUD up to one year after the act, and a lawsuit in federal court up to two years after it, so many owners keep rejected applications and the reason for the decision for at least two years, then destroy them. Check your state, since some set their own record rules and some programs have their own.
Two clocks decide how long to keep an application
Keeping every application forever is a privacy risk. Throwing them out too fast leaves you with no proof of why you turned someone down. Two sets of rules push in opposite directions.
| Reason to keep | Reason to destroy |
|---|---|
| A person who was turned down may claim discrimination. The time limit to act under the Fair Housing Act is one year to file with HUD and two years to sue in court. | Applications hold Social Security numbers, birth dates, ID numbers, bank details and employer names. Every extra year is another year it can leak. |
| A tenant who was approved may later dispute a deposit, a fee or a notice, and the application can show what you agreed. | The FTC's disposal rule requires reasonable measures to destroy consumer report information you no longer need. |
| An insurer, lender or buyer may ask for the file. | Some states require you to tell people if their data is breached, and old data adds to the number of people you must tell. |
The time limits behind the two-year habit
Under 42 U.S.C. 3610, a person who believes they were discriminated against can file a complaint with HUD within one year of the last act. Under 42 U.S.C. 3613, a person can sue in federal court within two years of the act, and the time HUD spends on a complaint does not count against that two years. State and local fair housing agencies often have their own windows, and some are longer.
That is why a common rule of thumb is to keep a denied application, the screening result summary and your written reason for at least two years. It is a habit, not a legal rule. If a claim is filed or you get a letter from an agency or a lawyer, stop all destruction of related records and call an attorney.
A simple retention schedule you can copy
This is a starting point, not legal advice. Change the periods to match your state and any program you rent under.
| Record | Keep for | Then |
|---|---|---|
| Denied application, the reason and the criteria you used | At least 2 years from the decision | Destroy |
| Applicant who withdrew or never signed a lease | At least 2 years from the date | Destroy |
| Approved tenant's application | The whole tenancy plus the longest period you may need to settle claims in your state | Destroy, or keep only the lease and a short summary |
| Full SSN, bank account numbers and ID images | As short as possible, often until screening ends | Delete, or keep the last four digits only |
| Consumer report from a screening company | Only as long as you need it | Destroy using reasonable measures |
Federally assisted housing, tax credit properties and some state programs set their own record rules. If you rent under one, follow its manual first.
How to put it into practice
- Write the schedule on one page and date it.
- Put the decision date on every application file, so the clock is clear.
- Record why each denied applicant was denied in a sentence tied to your written criteria, such as income below your stated minimum.
- Once a quarter, find every file past its date and destroy it.
- Stop the clock for any file linked to a claim, complaint or letter until an attorney says to release it.
Where DoorKeeping fits
DoorKeeping keeps a property's leases, notices and documents together under the unit, with dates, so you can see which records belong to an old tenancy and decide what to destroy. It does not set a retention period for you, and it gives no legal advice. It is $2 per unit per month with $0 in other fees.
Sources
- 42 U.S.C. 3610, Administrative enforcement (HUD complaints within one year), read Oct 30, 2026
- 42 U.S.C. 3613, Enforcement by private persons (two years to sue), read Oct 30, 2026
- eCFR, 16 CFR Part 682, Disposal of consumer report information and records, read Oct 30, 2026
Questions
- Is there a federal law that says how long a landlord must keep applications?
- Not for most private landlords. The time limits for fair housing claims are what most owners plan around, and federally assisted housing has its own record rules.
- Should I keep an approved tenant's application after they move out?
- Keep what you need to settle deposits and disputes under your state's rules, then destroy the sensitive parts. Many owners keep the lease and a short summary only.
- What if a denied applicant threatens to sue?
- Stop destroying anything related to that applicant and call an attorney. Records connected to a claim should be kept until the matter is resolved.