|
Rental Application
The application is
the most important document that a landlord can use to help screen out
undesirables - before they become tenants.
Most professional property managers believe that
tenant screening is a landlord's primary responsibility. Consequently, RHOL has
several pages on the subject in both our public and our member webs. One of the
many important tips you will find, that benefits both landlords and the rental
property's neighbors, is to have all the potential adult occupants completely
fill out applications and then use the information to screen each adult
applicant.
Screening is important for reasons other than
just determining whether applicants are capable of paying the rent.
It is just as important to the property owner, other tenants and the community,
that people with a history of violence, illegal activities, or other
irresponsible or anti-social behaviors be prevented from renting a property.
For example, a drug dealer can likely pay the rent, but they are also likely to
destroy lives and the neighborhood.
Some landlords and property managers also require
that each adult occupant sign the lease or agreement, making them jointly and
severally responsible for costs and damages. We cover the subject in great
detail throughout RHOL Webs, starting on the Rental
Application Page.

Screening
Tools
Most professional landlords
now use credit reports as their first step in tenant screening. Consumer credit
reports, like those available to RHOL members through a third-party vendor, are a pretty good indicator of
individual responsibility. Reports often include credit scoring designed to
simplify and quantify credit decisions. A credit score is a computer compiled
and generated numerical rating that is used by most credit grantors to determine
if further screening should be pursued. (It is also the method used by many
retailers to qualify a customer for instant credit.)
If tenancy is denied because of information
contained in a report, certain procedures must be followed by the decision
maker. They include: providing specific form letters to the applicant that
contain information on securing a free copy of their credit report and how to
correct any errors it may contain.
The complete Federal Credit Reporting Act, along
with landlord's responsibilities, consumer credit information, explanations, and
all the necessary forms and documents used in tenant screening can be found in
either the Forms Web or the RHOL
Credit Web.
There are
various other things that can be done to avoid potentially problem
tenants, including the following:
Identity verification - With identity theft
becoming a major problem, you should certainly require proof of identity
and even take steps to verify that information. As a minimum, you
should check the applicant's driver license, perhaps verifying it with the
department of motor vehicles, and make a copy for your file. If
possible, also make a copy of the applicant's social security card, photo
credit card, bank statement, paycheck stub, previous utility bill, or
other documentation that might be available. In general, the more
documentation you get, the less likely that the tenant will trash and skip
and the more information you will have for tracking him down if he does.
Criminal
records check
- This search can usually
be ordered along with a credit report.
On-line, inexpensive criminal checks are not available for all
jurisdictions, so you need to determine whether the check will be of
benefit for your case.
Eviction
records
- The landlord can also check Court records for any history of eviction
for the applicant. While you can do this yourself for specific
jurisdictions, sometimes sources are available that make the job easier.
In some areas, local landlord associations maintain databases of evictions
for their members. For example, Blue Water Rental Housing Association,
maintains a database of the previous 15+ years of evictions in St. Clair
County, MI.
Tenant
History
- Various credit agencies are attempting to create databases of tenant
histories as reported by landlords. Eventually, you will likely be
able to check the applicant's rental history online.
More -
For more information regarding screening, visit the Tenant
Screening, Tenant
Selection & Screening, and Tenant Selection pages in our Rental
Web as well as the Tenant
Screening page in our Manage Web.

Tenant
Selection
Although the terms "tenant
screening" and "tenant selection" are often used synonymously,
even by RHOL on some of our Web pages, in this e-course we separate Tenant Selection from
Tenant Screening by defining selection as the making of the actual decision
regarding which screened applicant you pick to occupy the vacant unit. The
cost of bad selection can be much higher than the cost of bad screening because
it is usually the selection process itself rather than the screening process per
se that puts a landlord in violation of Fair Housing and other laws. Inadequate
screening in itself might result in a bad tenant and this might cost you a few
hundred dollars, maybe even a few thousand dollars, in unpaid rent and
damages. Improper selection can result in serious and costly legal
problems where your opponent is the Federal, State, or City government (or all
three) which have unlimited legal and financial resources. In this case
you might not only face many thousands of dollars in legal fees, but might also
be hit with fines amounting to tens of thousands of dollars.
Finally, the
screening procedures themselves must be fair and applied equally against
all applicants.
A landlord should establish their criteria, in
keeping with fair housing and civil rights laws, then take the first qualified
applicant, not necessarily the most qualified.

Rental Agreement/Lease
Rental agreements or leases (terms can be used
interchangeably) can be anything from a simple oral understanding to multi-page
documents that attempt to address every possible situation.
All parties should carefully read every document
they are asked to sign, particularly rental agreements. If there are any doubts
or uncertainty, a real estate attorney or housing professional should be
consulted. Remember, a lease is a contract under which someone will occupy
someone else's property. Contracts are legally enforceable.
Many states regulate what can and can't be in
agreements to rent residential properties. In fact, some states make their
landlord-tenant law a default part of any such agreement. It is important that
every party to the contract review our pages on the subject. They can be found
in our Landlord's Web and in the new Tenant's Web (now under development).
However, the subject is covered most completely in the Property
Management Web where you will find your state's landlord-tenant law and even
several pages of Cut & Paste lease clauses; the good and the bad.
If you want additional information on the
importance of a written rental agreement, read the RHOL page on Lease
FAQ's, then find several examples of rental agreements in the Forms
Web.

Move-In/Move-Out
Check List
Many states now require that landlords and
tenants complete a move-in/move-out check list and one should always be used even if
not required by law. The document usually contains a form listing the
condition of rooms and components thereof,
furniture, fixtures, appliances, and appurtenances. The landlord and tenant
should agree on the condition of each listed item at the time of move-in, and
document their agreement. Then there should be no argument as to damages,
if any, when the tenant moves out. In addition, photographs or video are
highly recommended.
We have sample Check Lists in our Forms
Web. Also, see our
page addressing what is normal Wear
and Tear and what is usually considered Damage.

Other Documents
There are a number of other documents whose use is
important to avoiding misunderstandings and minimizing conflicts, which in turn
minimizes losses, including the following:
Pet
Agreements
Sub-Lease
Extension
Agreement
Utility
Agreement
House
Rules
Change
In Tenancy
Maintenance
Request
Monthly Rent Collection Procedures
There are many methods, policies, and procedures
that will encourage prompt payment of rents and minimize losses when it is
necessary to get rid of a bad tenant. Some these are discussed in detail
on our
Collecting
Rents
page as well as in Lesson 12 of our
Managing Income Property e-course.
|