What's the best way for landlords to screen tenants?
Savvy landlords should ask all prospective tenants
to fill out a written rental application that includes
the following information:
- employment, income and credit history
- Social Security and driver's license numbers
- past evictions or bankruptcies, and
- references.
Before choosing tenants, landlords should check
with previous landlords and other references; verify
income, employment and bank account information;
and obtain a credit report. The credit report is
especially important because it will indicate whether
a particular person has a history of paying rent
or bills late, has gone through bankruptcy, been
convicted of a crime or has ever been evicted.
Is it legal for a landlord to answer questions
about a tenant's credit?
Creditors, banks and prospective landlords may
ask a landlord to provide credit or other information
about a current or former tenant. A landlord who
sticks to the facts that are relevant to the tenant's
creditworthiness (such as whether the tenant paid
rent on time) is allowed to respond to these inquiries.
To be extra careful, some landlords insist that
tenants sign a release giving the landlord permission
to respond to such requests.
How can a landlord avoid discrimination lawsuits
when choosing a tenant?
Fair housing laws specify clearly illegal reasons
to refuse to rent to a tenant, such as rejecting
an applicant because of her race, religion, ethnic
background, sex, age or because she has children
or a disability. Landlords are legally free to choose
among prospective tenants as long as their decisions
comply with these laws and are based on legitimate
business criteria. For example, a landlord is entitled
to reject someone with a poor credit history, insufficient
income to pay the rent or past behavior -- such
as damaging property -- that makes the person a
bad risk. A valid occupancy policy limiting the
number of people per rental unit -- one that is
clearly tied to health and safety - can also be
a legal basis for refusing tenants.
© 2000
Nolo.com
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