An understanding of fair housing laws and principles is essential to success as a landlord. Putting this knowledge into practice ensures that all applicants and tenants are treated fairly and reduces the chances of a fair housing related law suit.

Here are eight of the most essential fair housing laws and standards landlords should put into practice:

1. Marketing Language

There are certain guidelines related to language that should be followed in all advertising. Most importantly, landlords should never use wording that could be considered discriminatory. For example, it is illegal to say that children are not allowed. Obviously, excluding any ethnic group is also illegal. Landlords may not discriminate based upon race, religion, gender, national origin, familial status or disability.

2. Clear Criteria

Landlords should create a written policy that details all of their criteria for persons chosen to be tenants. Areas such as an outline of the application process, specific rental criteria (income, employment history, minimum credit standards, etc.), occupancy guidelines, availability policy, etc. should all be included. The application shouldn’t ask about disabilities or lifestyle choices.

3. Allowable Occupancy Standards

When determining how many people are allowed to live in a unit, a general rule of two persons per bedroom is the norm. However, a small infant can be allowed to live in a one-bedroom rental with two parents. Exceptionally large bedrooms or spaces could hold more people. State standards should be followed.

4. Treat All Applicants Equally

Each applicant should have the same opportunity to rent a property. No one should be given preferential treatment or be excluded from a portion of the screening process.

5. Fair Housing Rules Are Acceptable

While the screening process should be strictly non-discriminatory, it is acceptable for landlords to have fair guidelines for tenants living in a rental property, such as “no running in the hallways,” etc. Keep rules as unbiased as possible. Don’t single out or favor certain groups over others – not even children. In addition to the Fair Housing Act, check specific local and state laws.

6. Accommodating Disabilities

Residents with disabilities have fair housing rights and may make a reasonable accommodation or modification request, and landlords must comply. However, the request must not place an undue burden on the landlord. Landlords should never offer accommodations before they are requested, as this could be considered discriminatory. If a request is denied, the landlord must send the tenant a written denial letter.

7. Keep Good Records

Keeping accurate, comprehensive records allows landlords to have a history of interactions with applicants and tenants. This greatly increases a fair outcome should the landlord get sued for any reason. Keep consistent records that demonstrate nondiscriminatory behavior in case a Fair Housing claim is ever filed.

8. Use Fair Eviction Standards

If a tenant refuses to pay rent or violates key policies set forth by the landlord, eviction may be the best action to take. However, the violation should be serious enough to warrant this action and fall in line with other eviction reasons/standards for the state. Landlords should issue and keep records of warning letters, written complaints by third parties, logs, police records, photographs and eviction notices.

A knowledge of fair housing standards is essential to avoiding legal issues. Landlords should become proficient in these eight areas. A professional tenant screening service can assist with conducting all background checks in compliance with state and federal laws.

Source: https://www.hud.gov/program_offices/fair_housing_equal_opp/FHLaws

Source: https://www.nolo.com/legal-encyclopedia/evictions-landlord-rules-29740.html

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.

Eviction risk is a major concern for landlords and the worst-case scenario of a landlord-tenant relationship is one that culminates in an eviction. However, there are almost always signs and red flags early in the leasing process that, if heeded, could help landlords to limit eviction risk and avoid problem tenants.

The proper screening of all applicants can help to ensure landlords choose the best tenants from their available pool of candidates.

The following are six landlord tips to minimize eviction risk (the risk of having to evict tenants now or at some point in the future):

1. Verify Employment and Income

Nonpayment of rent is the most common cause for eviction. Verifying the financial viability of each tenant is crucial to avoiding this problem and minimizing eviction risk. Generally, the household of the applicant should generate three times the income required for monthly rent payments. A call to their employer and viewing a recent employer check stub can help verify that the information provided on the rental application is accurate.

2. Credit Check

Another key step to verify the financial viability of a potential tenant is running a credit check. While an applicant may currently have a good job and sufficient income to pay the rent, they could have a spotty payment record and poor credit. A check of their credit history and credit score can shed light on their financial track record and give a better picture of what kind of tenant they will be and lessen eviction risk. A professional background check company can perform credit checks for rental applicants.

3. Eviction Records Check

The best indicator of future results is past performance. If a tenant has been evicted in the past, they could be more likely to be an eviction risk in another rental scenario. Checking with former landlords and/or an eviction report check can shed light on the level of eviction risk. A professional tenant screening service can easily perform this check in a way that is legal and in compliance with state regulations.

4. Maintain and Optimize Properties

One of the top reasons for non-payment of rent cited by tenants is a problem with the condition of the property. In such disputes, the tenant feels that the quality of the unit is lacking, therefore they are justified in late rent payment, partial rent payment or complete non-payment of rent. Landlords should commit to ongoing maintenance and updates for each unit so that no tenant can claim this type of excuse for missing rent payments that could otherwise result in the need for eviction.

5. Clear Lease Terms

A concise, comprehensive and clear lease is another key to landlord success with tenants. All terms should be thoroughly considered and included in straightforward language in the lease. When landlords and tenants are on the same page in the early stages of the leasing process, this paves the way for a successful relationship going forward and reduces eviction risk.

6. Be Intuitive and Professional

Over time, many landlords and property managers develop a strong intuition when making selections regarding who to choose as a tenant. While this can be a valuable attribute, landlords should always balance this method with professionalism. Professional background checks and following up with the information on rental applicants are important components of comprehensive tenant screening and minimizing eviction risk.

A worst-case scenario in a landlord-tenant relationship is the need for an eviction. Fortunately, there are proven measures landlords can take to eviction risk and avoid this outcome. Using the six steps discussed here can greatly increase the odds of choosing ideal tenants and creating business success.

Source: http://homeguides.sfgate.com/see-tenant-evicted-before-46029.html

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.

Landlords take a risk every time they rent to a new tenant. While the payoff in terms of income can be very rewarding if all goes well, there is always the possibility of having tenant disasters where things go very wrong. How can landlords avoid tenant disasters?

The following is an overview of five of the top tenant disasters that a resident can bring – along with tips on how to avoid these scenarios.

1. The Tenant Gets Behind On Rent Payments

This is a major worry for all landlords. The main reason for renting out property is to make income from it. When a tenant doesn’t pay, the landlord loses money each month. Whether the tenant is chronically late with the rent or goes into default, the net effect is a nightmare tenant. The best way to avoid renting to a tenant who is a financial disaster is to use professional background screening for credit checks and get a sense of their history. Current income should be verified and a late fee enforced on all late rent payments.

2. The Property is Extensively Damaged

This is perhaps the biggest fear of landlords regarding entrusting their properties to strangers. There is no guarantee that a tenant will be respectful of the property. However, landlords can look into the history and track record of potential renters. Calling previous landlords and checking eviction records can yield valuable insights about their potential future behavior.

3. The Property is Left Filthy

Tenants who do not keep the unit clean during their stay and do not clean it after they empty it of their belongings create another nightmare scenario for landlords. It is disappointing to see a property in total disarray. However, these tenant disasters can be remedied with a professional cleaning service. Collecting an adequate security deposit will help to cover any necessary cleaning costs.

4. A Tenant Commits a Crime

Renting to dishonest or violent people will most likely result in tenant disasters. Whether the crime is a domestic incident, illegal activity or violence against another tenant in the building, a crime will bring unwanted energy to the rental property. It can also raise landlord risks and liabilities. Tenant screening of all potential renters can help to identify those with a criminal history so that landlords can determine if an individual is prone to undesirable behavior.

5. A Property Remains Vacant For Months

Vacancies are another way that landlords can lose a substantial amount of income. Having a tenant break a lease is one way this can occur. Including a penalty within the lease such as loss of the security deposit can discourage broken leases. On a one-year lease, landlords should require one to two months advance notice from tenants who will be moving out. This will allow time for advertising the property and screening new tenants so that the vacancy can be filled efficiently.

Having rental properties always involves a degree of risk. Landlords can never be sure how a tenant will treat their property and lease terms. However, professional tenant screening can eliminate a lot of the guesswork. Landlords should strongly consider screening each and every candidate to help them avoid these and other tenant disasters.

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.

For landlords, the resident screening process should begin with how the rental ad is worded and during first contact with the rental applicant. Some key questions to rental applicants can yield valuable information in helping landlords to screen for the very best, low-stress, high-profit renters.

Here are six important questions to ask rental applicants:

1. When would you like to be moved in?

If the rental applicants’ reply is “as soon as possible,” this could indicate that they are disorganized and bad planners. Such behavior might preclude lateness with rent or not giving notice to you down the road when they move out. Also, if it’s clear that the timing of their move-in won’t work with your timeline, it’s best to focus on other tenants that are a better fit.

2. What is your main reason for moving?

This question may seem nosy, but it can yield great insights into the potential renter. Reasons like changing jobs or needing more space are fine, but if their answer relates to conflict or drama with the past landlord or neighbors, this could be a sign they will be a problem tenant.

3. How many people would be moving into the unit?

More people living in a property lead to more wear and tear. Landlords may want to set a limit for each property and also check with state rules and guidelines; many states only authorize two persons per bedroom as a maximum.

4. Can you provide character references from past landlords, employers, educators, or other key persons?

If the tenant hems and haws about this one, it’s likely they have something to hide. When calling these references, inquire about the rental applicant’s timeliness with payments and meeting obligations as well as their general character and reliability.

5. What is your employment source and monthly income?

This question helps landlords to enforce a standard of steady employment and an income that is three times the monthly rent. While debt can affect their financial viability, this can be checked via their tenant screening credit report.

6. Would you consent to a national criminal record search and credit record check?

Again, evasiveness is a bad sign here. It’s probably wise to disqualify any applicant that will not agree to tenant screening like credit records and eviction records checks.

Being a landlord is a business, and it’s important to invest in tenants that support the success of that business. Ask these six questions to rental applicants to yield invaluable information when screening potential renters.

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.

With an increasing number of legal proceedings now taking place online — such as the recent serving of divorce papers through Facebook — it was only a matter of time until the trend extended to tenant law. Under a new Michigan law, landlords can serve Michigan eviction notices electronically, provided that a tenant has provided prior consent. Understanding the law and its restrictions will be key for landlords hoping to make use of it.

Electronic transmission of “demand for possession”

In May, Michigan’s governor signed House Bill 4038, which allows landlords to deliver notices of eviction to tenants through “electronic service.” Lexology notes that before passage of the new law, eviction notices — also known as “demand for possession” – had to be served in person, either in writing at the residence or via first-class mail.

The new law, which amends Section 5718 of the Michigan Summary Proceedings Act, requires that before eviction notices can be served electronically, tenants must have previously provided written consent. Either confirmation of the consent or the consent itself must be sent electronically, and a reply must be sent by the other party confirming receipt.

What landlords need to know

In light of the new law, landlords in Michigan should attempt to obtain the required consent at the time of signing of lease agreements. The law goes into effect on Aug. 19, 2015 and landlords can begin requesting consent after that time. Landlords cannot refuse to execute a lease because a prospective tenant won’t sign the electronic-service consent.

What if email addresses change?

Considering that significant time can pass between the signing of a lease and an eviction proceeding, it’s highly possible that email addresses may change. The new law provides that the address used during the process of consenting to the electronic service agreement stands as the official email address, and the assumption is that it continues to be a valid address. The email address can be changed by repeating the consent process — with the consent form sent and replied to electronically.

What’s next for electronic transmission?

While most jurisdictions currently don’t allow electronic service of eviction notices, that may change quickly. Despite concerns about the unreliability of email as a legal notification method, proponents argue that email may be the only way to reach tenants who move prior to an eviction notice. Landlords should consult with a knowledgeable attorney in their state to stay abreast of any updates to the law. For more information about Michigan criminal background checks, please visit InstantCriminalChecks.com.

Disclaimer: The information on this website does not constitute legal advice and is governed by our Terms of Use. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites.