Choosing a
tenant can be one of the most confusing areas of operating rental property for
many people. On one hand, you want to make sure you choose the most responsible
tenant possible; a tenant who will pay his or her rent on time and one who can
be relied upon not to destroy your property. Yet, at the same time you must
make sure that you abide by fair housing laws.
Before you
actually begin renting out your property it is a good idea to sit down and
determine the criteria you will use to choose that best tenant. Without
guidelines you will have no choice but to rely on your instinct to choose the
best tenant and this could result in trouble if you are only relying on your
feelings to make a tenant selection. One of the worst risks you can take is to
let your own personal opinions and biases guide you in your decision because
this could open the door for a discrimination lawsuit.
First, you
should always make sure that you notify prospective tenants that you utilize a
fair system to make your decision. Ideally, it is best to include this type of
statement on all rental applications. For example, you might state “Our policy
is to rent our units in compliance with federal, state and local fair housing
laws.”
Beyond fair
housing laws, it is important to make sure you establish criteria that is
concrete by which to judge all potential applicants.
For example, it
is common to require that the applicant provide identification that is
verifiable. You may require the applicant to present a photo ID with their
application so that you can make a copy of it. This type of requirement is
valid because you may need it in the future in the event you need to describe
adult occupants of the unit. If someone co-signs the application, it is also a
good idea to obtain identification for them as well.
It is also quite
valid to require information which would help you to determine that the
applicant has a sufficient income to rent ratio. If the applicant were applying
for a loan to purchase a home, the lender would require similar information.
The general rule of thumb is to identify applicants that have a gross monthly
income that is three times the amount of the rent. One way to document this
information is by requesting copies of the applicant’s pay stubs along with
their application. If the applicant is self-employed, you might ask them to
provide their last tax return in addition to three months of bank statements.
If you cannot verify the applicant’s income, this would be a perfectly legitimate
reason to deny their application as you have no assurance that they would be
able to pay their rent.
Many property
managers and landlords also check credit ratings and scores on applicants as
well. The purpose of this is to verify the financial responsibility of the
applicant. The general guideline is to obtain a credit report on all applicants
as well as any co-signers who are over the age of 18. Keep in mind that you
will need to receive permission to run a credit report; however, you can
request this information on the rental application. Applicants with low credit
scores could be legitimately denied on the basis on being unable to prove
financial responsibility.
In addition, you
should check references. Typically, you should ask all applicants to provide
the names and telephone numbers of individuals who can verify the applicant’s
income sources as well as character references.
Finally, make
sure you follow-up to check that the applicant has been able to successfully
rent a dwelling in the past and paid their rent on time. In the event an
applicant is unable to meet this requirement but does meet all other
requirements you may consider requiring the applicant to have a co-signer.
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