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Landlords have many responsibilities to their renters, such as keeping the property safe from dangerous conditions. This means, among other things, keeping handrails stable, repairing broken appliances and fixing leaky roofs. They also have a responsibility to take reasonable measures to keep their tenants safe from criminal activity. This is particularly important in apartment complexes where many different people live in close proximity to each other. Therefore, landlord application screening is already common in these apartment complexes.

One step landlords can take to protect apartment tenants is to do a national criminal record search on all housing applicants. Federal law prevents rental discrimination against anyone based on their age, race, disability, sex, color, religion or national origin. But, people with a criminal record are not a protected class under the Fair Housing Act (FHA).

Megan’s Law and sexual offenders

When an apartment complex includes children as residents, it is important to protect them from sexual offenders. All states have some form of what is called Megan’s Law which requires sexual offenders to register with the state. The state then keeps a list of all sexual offenders that are released. Laws vary as to how this information is used. In some states, anyone can check the registry to see if an offender lives near them. Other states restrict who has access to the information and how the information is used.

A criminal background search performed by a reputable company, as part of a landlord application screening process, will discover whether or not an applicant has a sex offender registry record. If so, a landlord can review the criminal record and the circumstances surrounding the criminal offense and make an informed decision as to whether or not to approve the application.

There is a fine line landlords must walk in refusing to rent to a registered sex offender. In some states, California for example, landlords are prohibited from denying a rental application based solely on the fact that the prospective tenant’s name is found on the state’s sexual offender list. But, they can refuse to rent to people based of their criminal record in general. Before approving any rental application, landlord application screening should include a criminal background search.

Disclaimer: The information presented is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

Most landlords want to make sure the neighborhoods where their properties are located remain good, safe neighborhoods. Even though many do not live there themselves, they still have a responsibility to be a good landlord and keep up property values. One of the best ways that landlords can do this is to make sure they only put the best quality tenants in their properties by screening rental applicants. These are people who will be good neighbors in their stead, keep up the property, and treat it as if it were their own. To get these tenants, landlords need to engage in careful and detailed rental screening for all the applicants.

The Basics

At a minimum, landlords should be screening rental applicants for criminal backgrounds and previous evictions. While not every criminal record is serious enough to warrant excluding someone from renting a property, diligent landlords should check and make the decision for themselves as to whether a criminal record is a warning as to how someone will treat a property and whether they will be safe for the neighbors to be around.

People with previous evictions may or may not be excluded based on the circumstances of their eviction and what condition they left the property in when they left. Anyone can fall on hard times temporarily and have to leave a rental property; it is the way they treated the property upon leaving that is the most telling of what kind of renter they will be, assuming they now have the appropriate steady income to keep up the rent.

Violent sex offenders have to register their dwelling place, and it will be easy for neighbors to look online and discover they are living in your property. A sex offender registry check should always be included when screening rental applicants.

Why Tenant Screening Credit Reports are Important

Some landlords screen for credit history, while others do not. It is in the best interest of most landlords to do this screening and to rent to those with good credit histories. This is because someone with a good credit history will naturally want to protect it. They’ve probably worked very hard to get it, and are not likely to risk losing their good credit history by not paying rent or by trashing the place when they leave. People with good credit histories generally make more responsible tenants.

Other Things to Consider When Screening Rental Applicants

To really get to know potential renters and make a reasonable deduction as to how they will treat the property and whether they will be reliable with rent, a landlord might look into other things. Obtaining references from previous landlords, references from previous neighbors, and even looking at pay stubs, bank statements, and tax returns are all things that can give a landlord a better idea of a tenant’s prospects in their property.

Conclusion

The Fair Housing Act prohibits landlords from discrimination in renting on the basis of race, color, religion, gender, national origin, familial status or disability. Additionally, landlords must know their State and Local laws. Landlords are allowed to use other factors to determine if a rental applicant will make a good tenant. These include consumer credit, previous rental history, income, and rental references.

One of the best ways to find out if someone is going to be a good tenant is to do a thorough screening and use a company that specializes in screening rental applicants for landlords.

Disclaimer: The information presented is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.