Tenant Checker » Landlord Legal Advice http://www.tenantchecker.com Tenant Screening, Rental Credit Check and Background Check Services Fri, 16 Apr 2010 17:58:22 +0000 en hourly 1 http://wordpress.org/?v=3.0 The Importance of Screening Residential Tenants http://www.tenantchecker.com/2009/the-importance-of-screening-residential-tenants/ http://www.tenantchecker.com/2009/the-importance-of-screening-residential-tenants/#comments Tue, 01 Sep 2009 23:00:53 +0000 Tenant Checker http://www.tenantchecker.com/?p=216 The examiner.com posted a recent article about the importance of background screening residential tenants.    The article talks about the importance of running tenant credit reports, conducting reference verifications, and screening for criminal history.    The author C arlos Cooper applies some common sense advice about evaluating the results of the background check report.  For example, credit history is an important determinant of your prospective tenant’s ability to pay, however, because of the current economic crisis, good credit doesn’t count for much if your tenant has recently lost their employment.    Conduct references from “landlord, employer, and banking institution”  While it is important to verify employment, be aware that employers may not provide an expansive portrait of your tenants character for fear of litigation.   They will verify dates of employment, employment status, title, which is really all you need.   Seek additional details from prior landlord.

Eviction Records
We would also add that checking for Eviction Records is an important aspect of tenant screening.  While anyone could be struck with hard luck during this economic crisis, be aware that a previous pattern of evictions shows how much respect your prospective tenant has for the contract you are about to sign.



for more information, contact Tenantchecker.com

]]> http://www.tenantchecker.com/2009/the-importance-of-screening-residential-tenants/feed/ 2 More communities discuss tenant screening http://www.tenantchecker.com/2009/more-communities-discuss-tenant-screening/ http://www.tenantchecker.com/2009/more-communities-discuss-tenant-screening/#comments Tue, 21 Jul 2009 19:11:08 +0000 Tenant Checker http://www.tenantchecker.com/?p=208 Communities across the United States are starting to discuss the benefits of tenant screening, including how to conduct a tenant screening and how to follow the applicable state, local and federal laws.  Recently, Brainerd MN held a town hall meeting about tenant screening and this week they are getting to together to discuss it.  The original meeting occurred at the Police Department and was presented by the Police Chief.  Local residents received tips on how to collect information from prospective tenants, how to order a criminal background check, and how to read the background check report.  Most landlords and property managers are not criminal lawyers  and don’t know everything after criminal law terminology.  It’s great that the police chief sat down with the populace and explained how to read a background check report, including the difference between a misdemeanor and a felony, an infraction, as well as disposition information, including the difference between a  conviction and a deferral, or suspended imposition of sentence (or SIS)

Keep in my mind that screening a tenant screening report requires some analysis and evaluation of risk.   The paper version of someone might not match who they are: a DUI from ten years ago, doesn’t mean they are currently an alcoholic.  Look at the totality of the person, including conducting an employment verification and reference checks.



]]> http://www.tenantchecker.com/2009/more-communities-discuss-tenant-screening/feed/ 0 The Importance of Tenant Screening http://www.tenantchecker.com/2009/the-importance-of-tenant-screening/ http://www.tenantchecker.com/2009/the-importance-of-tenant-screening/#comments Wed, 27 May 2009 17:48:56 +0000 Tenant Checker http://www.tenantchecker.com/?p=206 More communities are providing forums to help landlords and property owners understand their rights and help them engage effectively with their tenants.  Champlin Minnesota is the newest community to encourage this behavior, which a forum that occurred on May 14th, the second annual landlord forum. 

In addition to discussing low interest loans for property repair, using the Internet to link potential tenants and landlords, they also discussed the important of Tenant Screening.  Large multi-occupancy housing complexes are their own communities and landlords are advised to effectively screen all tenants to protect their communities and their local housing reputation.  All it takes is one bad seed to destroy a neighborhood. Landlords can avoid most negligence lawsuits by conducting a tenant screening program that including credit history report, eviction records, criminal records search, as well as employment verification. 

Predicting future tenant behavior

While you cannot foretell the future, awareness of previous eviction records and horrible credit history are a red flag and shows you how your prospective tenant dealt with financial responsibility in the past.   Unless they have newly discovered financial responsibility and are seeking to turn their lives around, what evidence do you have that they will pay rent ever month and not damage the apartment?



]]> http://www.tenantchecker.com/2009/the-importance-of-tenant-screening/feed/ 0 Take care of your tenants before it makes the news http://www.tenantchecker.com/2009/take-care-of-your-tenants-before-it-makes-the-news/ http://www.tenantchecker.com/2009/take-care-of-your-tenants-before-it-makes-the-news/#comments Tue, 28 Apr 2009 01:24:32 +0000 Tenant Checker http://www.tenantchecker.com/?p=179 WLKY.com reports a full story about tenants finding rats in their apartment, complete with photographs of rats and rats droppings.  The tenants claim the problem started in January and they have been trying to resolve it with their landlords, but the problem is still ongoing. They claim the property manager didn’t take them seriously and has been unresponsive. 

The story highlights one of the dangers of not responding to tenant complaints: there is a strong possibility of negative publicity, especially in the down economy, for these types of stories to make the local publications. With the Internet, these local stories turn into nationwide awareness of your firm, in this case, Brookside Properties, in Nashville

We recommend getting out in front of these types of problems before the potential for negative attacks.   Take precautionary measures to ensure a safe living environment for your tenants.  Before winter, work with the utility companies to check out heating equipment and minimize breakdowns.  It will save you money in the long run.  Your tenants will love you, and pay rent faster, stay longer, and recommend your building.


]]> http://www.tenantchecker.com/2009/take-care-of-your-tenants-before-it-makes-the-news/feed/ 0 Check out your landlords financial strength http://www.tenantchecker.com/2009/check-out-your-landlords-financial-strength/ http://www.tenantchecker.com/2009/check-out-your-landlords-financial-strength/#comments Mon, 20 Apr 2009 19:10:53 +0000 Tenant Checker http://www.tenantchecker.com/?p=172 According to news-press.com, there’s is a growing problem for Florida condominium associations regarding non-paying unit owners who have tenants living in their unit.  These unit owners are behind on their HOA fees and yet Florida law provides that the utilities cannot be disrupted to the tenant living in the unit.   There is a bill before Florida legislature looking into this issue.  Should it pass, tenants in Florida need to made aware, and possibly run background checks on their unit owners to determine their financial strength. 

Desperate Times
These are desperate times, and more than ever you need to start tapping into your a survivalist instinct.  Think of life as an episode of “Man vs. Wild”  But instead of wandering through a Siberian Forest, you are moving through your world on the brink of an apocalypse.  You can save yourself time and money by relearning street smarts.  The stories of older relatives who survived the depression are more relevant than ever.  Now is the time to think carefully about every financial relationship you build, which bank you decide to use, what landlord you want to rent from, want tenant you want to rent to, and the quality and reputation of every business relationship you cultivate.



]]> http://www.tenantchecker.com/2009/check-out-your-landlords-financial-strength/feed/ 0 South Peoria moves towards tenant screening http://www.tenantchecker.com/2009/south-peoria-moves-towards-tenant-screening/ http://www.tenantchecker.com/2009/south-peoria-moves-towards-tenant-screening/#comments Fri, 27 Feb 2009 20:27:55 +0000 Tenant Checker http://www.tenantchecker.com/?p=165

The city of Peoria is looking to instate of $25 annual fee for all landlords to “keep an up-to-date annual registration list. That includes names, addresses and phone numbers of all landlords.”

Currently Landlords are required to register one time, and the city council has the list and outdated. The purpose of the updated information appears to be a step towards regulating a part of town that is blighted by “Furniture sticking out of doorways, broken windows and peeling paint are not uncommon sights along the 1800 block of Martin Street.”

There’s an ordinance, that says city inspectors are supposed to inspection rental properties once every three years, but this is not happening, and they are relying on “initial landlord-tenant screening as a more up-to-date assessment of a rental property’s condition.”

Interesting that the city is relying on the landlords tenant screening program to assess the property’s condition.  The tenant screening solution should cover the criminal history, credit history, eviction history and possible employment history of the potential tenant.   The landlords should also be instituted a complex wide safety measure to reduce and eliminate crime.  Measures such as security guards (where appropriate) video cameras, and landlord walkthroughs can minimize this type of blight.  But a screening program can’t always check for the safety of the building, or the trash or abandoned furniture.  Landlords must get out in front of these problems before the problem escalates and reaches the local newspapers.  Public Relations is an preventative measure as well as crisis management.

]]> http://www.tenantchecker.com/2009/south-peoria-moves-towards-tenant-screening/feed/ 0 Background Checks on Tenants in Texas http://www.tenantchecker.com/2008/background-checks-on-tenants-in-texas/ http://www.tenantchecker.com/2008/background-checks-on-tenants-in-texas/#comments Sat, 04 Oct 2008 18:17:05 +0000 Tenant Checker http://www.tenantchecker.com/?p=145 Increasingly, cities across the United States are considering new laws to govern apartment complexes, including new regulations mandating criminal background checks on tenants.  Irving City, Texas is the next big city who’s city council is considering a sweeping proposal of reform.

Landlords also would be required to conduct criminal background checks on all new tenants and would have to participate in a crime-free training program conducted by police. And property owners who lease to tenants who have committed certain crimes, including sexual assault, arson and the manufacture or sale of drugs, could face Class C misdemeanors. Police would provide direction on which prospective tenants are granted exceptions.

This is the first example we have seen where a city would seek to criminalize noncompliance with the new law.  Since we work daily in the background check world, we wonder about all the potential problems this regulation could cause should a problem arise. For example, what happens if the background check misses an arson conviction that occurred 20 years ago and is no longer available at the courthouse record?  What happen an expunged case?  As cities pursue these tougher regulations, and we congratulate them for pursuing this, we hope that city leaders would be fair to their property managers and owners, and not through draconian policies force them to pursue owning property elsewhere.



]]> http://www.tenantchecker.com/2008/background-checks-on-tenants-in-texas/feed/ 0 Building gets makeover with tenant screening http://www.tenantchecker.com/2008/building-gets-makeover-with-tenant-screening/ http://www.tenantchecker.com/2008/building-gets-makeover-with-tenant-screening/#comments Fri, 22 Aug 2008 19:03:54 +0000 Tenant Checker http://www.tenantchecker.com/?p=118 Creative Management in Columbia, South Carolina has received some positive press for instituting a new tenant screening and eviction program at the Broad River Terrace apartment complex.   The building has 103 units and had a reputation for violence, criminal and gang activity.  The new owners instituted a strong tenant screening program after taking ownership in 2003, and crime decreased from 364 incidents in six months of 2003 to 25 incidents in a recent full calendar year.

The article says that the city council is pondering whether to mandate other apartment complexes to pay for security measures, such as security cameras, security guards and better lighting.  They are wondering if legally, these apartment complexes pose an unacceptable risk to public safety.  It should be interesting to see how this legal issue plays out, especially since some property managers can be held liable if the crime is foreseeable.   The new mandate seems a touch heavy-handed and big government (will they be instituted for every apartment complex, or only larger, crime ridden ones?)  Is it open to manipulation and graft?   It’s worth pointing out that it appears Creative Management instituted this additional security policy and tenant screening program based on their own business strategy and not by government mandate, and now they are enjoying a better reputation, probably charging higher rents, probably seeing higher property values (in the long run) and receiving positive press and developing a excellent business image.  Hopefully the other apartment building owners will see these benefits and institute similar policies without government intrusion.



]]> http://www.tenantchecker.com/2008/building-gets-makeover-with-tenant-screening/feed/ 0 Chicago tenants may get protection against foreclosure evictions http://www.tenantchecker.com/2008/chicago-tenants-may-get-protection-against-foreclosure-evictions/ http://www.tenantchecker.com/2008/chicago-tenants-may-get-protection-against-foreclosure-evictions/#comments Sat, 16 Aug 2008 02:03:22 +0000 Tenant Checker http://www.tenantchecker.com/?p=114 Chicago tenants who face eviction due to landlord foreclosure may receive some additional assistance from City Hall.  The plan is being put forth by the Chicao mayor Daley, which will provide up to three months of rent and moving expenses for tenants affected by the landlord foreclosure.  The new bill is also looking to expand the notice to 90 days notice for all tenants affecting before being evicted from foreclosed properties.  According to the Chicago Sun Times, some renters “get as little as five days’ notice.”

Keep them renting or abandon the building
This bill addresses a larger strategic issue for urban planners, whether to keep foreclosed buildings with renters inside to maintain the value of the property, or evict them and have an abandoned building on the block, open to vandalism and abuse.



]]> http://www.tenantchecker.com/2008/chicago-tenants-may-get-protection-against-foreclosure-evictions/feed/ 0 Screening Tenants for Criminal Activity http://www.tenantchecker.com/2008/screening-tenants-for-criminal-activity/ http://www.tenantchecker.com/2008/screening-tenants-for-criminal-activity/#comments Fri, 15 Aug 2008 21:41:17 +0000 Tenant Checker http://www.tenantchecker.com/?p=107 The importance of maintaining a safe living environment for your tenants cannot be stressed enough, specifically with regard to criminal activity.  According to Amerilawyer.com, “A landlord can be sued for failing to take at least minimal steps to alleviate the risk posed by a violent tenant, a Court has ruled.” The court action’s purpose was to clarify the term “heightened foreseeabillity” and the duty of the landlord to the tenants.  The case law indicates that the tenant had a previous history of intimidating behavior and brandishing a firearm at other tenants. 

To protect against these type of lawsuits, a landlord or property owner/manager should conduct a thorough inspection of their property and determine any environmental concerns that might breed crime, such as back alleys, dark corridors, lack of lighting, security guards or security cameras.   Consider whether your property needs a security guard or security camera.  Is the parking area safe?   Next review any criminal activity that has occurred on the premises and determine whether the same factors leading to this case could arise again.  Are the same tenants still living in the building?  Then, consider whether you can conduct an annual criminal background check on your tenants.  Depending on the laws of your jurisdiction, consider including such language in the body your initial tenant background check release form.   Keep your property safe from crime will limit and reduce any possible lawsuits filed against you for negligence.



]]> http://www.tenantchecker.com/2008/screening-tenants-for-criminal-activity/feed/ 0