How Landlords Can Legally Screen Tenants
Screening rental applicants and potential tenants is a vital part of being a successful landlord. Because of an increase over the last several decades in tenants’ legal rights and remedies, nonpaying tenants can be difficult to evict. Before even starting, a landlord should make sure she is familiar with the nondiscrimination provisions in the Fair Housing Act (FHA) and health and safety laws such as the implied warranty of habitability. Violation of these laws can make it difficult to evict a tenant.
The first thing a landlord should do is check that the applicant’s identification card and all the information contained on the rental application are valid. This would include calling references and employers. The rental application fee must be valid. The landlord should then access eviction records at the local courthouse, and go to the police station to pull up arrest files.
Next, landlords should call all of the previous landlords mentioned on the rental application. In this important step, a landlord can find out if the tenant has a history of damaging property, complaints by neighbors, police visits, late payments, etc. The tenant should provide believable reasons for an absence of rental history.
Next, a credit check will have to be performed. Good credit will indicate the able to pay rent punctually, and will also provide a history of addresses. A background check on evictions, addresses, and criminal history may also be done at this stage, utilizing one of the numerous web-based companies available. A landlord should be careful to get the applicant’s written permission to do these checks.
If, and only if, all of the above screening devices check out, the next step is to meet the prospective tenant in person. Nothing quite substitutes for a personal meeting, where the landlord can gauge the applicant’s personality.
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Last Modified: 03-25-2009 04:39 PM PDT
