Tenant screening is an essential process for any landlord looking to lease property. By conducting a comprehensive background check, you gain a clearer portrait of prospective tenants, which can safeguard your investment in the long run. These checks help you verify the identity of the applicants and ensure they have a history of being responsible and reliable tenants.
The easiest way to make sure you get great tenants is to choose a property management company with a good tenant screening process. Let’s look at some of the things you should know about this process.
Understanding Tenant Screening and Background Checks
When you begin the process of tenant screening, you’re not just looking for a tenant to fill your space; you’re looking for a reliable individual who can abide by the lease terms, pay rent on time, and maintain the property. A thorough background and credit check are vital tools in this decision-making process.
Establishing Your Screening Criteria
Before diving into screenings, you must establish clear screening criteria. This can include a minimum credit score, income requirements, or no history of evictions. Ensure that your criteria are compliant with fair housing laws to avoid any form of discrimination. You should:
- Be consistent in applying these criteria to all applicants to avoid potential legal issues.
- Document your criteria to refer back to when you assess each applicant.
Conducting the Background and Credit Check
After an applicant consents, you’ll then perform a background check and credit check. The background check will reveal crucial information about a prospective tenant’s criminal record, such as any violent crimes, which can be a deciding factor in the rental agreement. Here’s how to proceed:
- Use a reliable service that rigorously verifies the prospective tenant’s identity.
- Look for any red flags in the credit history that indicate financial irresponsibility or instability.
Reviewing Rental and Criminal History
Evaluating the rental history and criminal background of a potential tenant is a delicate but necessary step. You must:
- Scrutinize past rental references to gauge the tenant’s reliability and behavior. Previous landlords can provide insight into the applicant’s rental patterns and conduct.
- Assess any criminal records carefully. It’s important to differentiate between minor offenses and serious criminal behavior that could pose risks to property and other tenants.
By following these guidelines, you put yourself in a better position to select a tenant who will be a good fit for your property and maintain a professional relationship throughout their tenancy.
Legal Considerations and Compliance
When navigating tenant screening and background checks, you as a landlord or real estate investor must ensure adherence to specific legal requirements to reduce the risk of discrimination claims and to conduct a fair assessment of potential tenants.
Adhering to the Fair Housing Act
The Fair Housing Act (FHA) is a federal law that prohibits discrimination in housing-related activities, including tenant screening, based on race, color, religion, sex, disability, familial status, or national origin. As a landlord, you’re required to apply consistent screening criteria to all applicants to avoid any form of discrimination. Ensure that any questions asked, or criteria used during the screening process do not violate this Act.
- Be Consistent: Use the same screening criteria for all applicants.
- Stay Informed: Regularly review your screening policies to ensure FHA compliance.
Navigating Adverse Action Notices
If you decide not to rent to an applicant based on their background check, you must provide an adverse action notice. This is a requirement under the Fair Credit Reporting Act (FCRA) to inform the tenant of the reasons for your decision. The notice must include:
- The name, address, and phone number of the agency that supplied the report.
- A statement that the agency did not make the decision and cannot provide the reasons for the adverse action taken.
- A notice of the applicant’s right to dispute the accuracy or completeness of any information the agency provided.
- Information on the applicant’s right to a free report from the agency within 60 days.
By providing an adverse action notice, you communicate transparently with the applicant and give them a chance to correct any inaccuracies that might have influenced your decision. It is crucial to document all steps taken during this process for legal and ethical reasons.
