12 “Sure” Deal Breakers When Screening a Prospective Tenant

1If you are a discriminating landlord, you surely have a number of conditions on which you will disqualify a prospective tenant. As long as you discriminate legally, and not against any fair housing laws, we may share the same “Deal Breakers” below. Some of these can go either way, depending on the needs of the landlord. Please let us know if you have any “sure deal-breakers” not listed.

  1. Bankruptcy
    Do you know what a person has to go through before deciding to declare bankruptcy? It can sometimes be years of dodging creditors and bill collectors. It is a process that teaches an individual how to get around paying creditors. It is not a pleasant experience, and it usually educates and hardens a person towards all creditors.
    I don’t mean to say people who have gone bankrupt are not nice people or will not be good tenants!I mean to say that I prefer not to rent to people who are not afraid to damage their already damaged credit.

 

  1. Prior Eviction
    Any tenant who has been evicted probably has very bad credit and may feel confident in gaining a few months free rent in an eviction should the need arise.

 

  1. Criminal History
    I’ve been asked by a few landlords, “Am I allowed to discriminate against someone with a criminal history?” Of course you can! Yes, it is legal to decline an applicant because they have a criminal record.
    It may notbe politically correct to decline criminals, but Criminals are not a protected class…. Yet. Obviously, you need to use your common sense on this. A DUI or speeding ticket, for instance doesn’t necessarily make someone a bad tenant, while a conviction for domestic violence could be more of a warning sign.

 

  1. No Money
    Are you a landlord who needs to collect the rent? Or are you a charity who takes in unfortunates who don’t have all the required move-in money?
    If you want to survive in the landlord business, you need tenants who can afford to move in and pay the rent every month.
    It is a major RED FLAG when a prospect is unable to provide you with the necessary security deposit and rent. I am amazed at how many landlords allow tenants to move in without first collecting the rent and a deposit!

 

  1. Bad Credit
    What is the purpose of running a credit report on a prospective tenant? You’d be surprised at how many landlords run credit reports that come up BAD and still accept the applicant anyway. For me, bad credit history is a sure denial. Otherwise, why bother running a credit report? Needless to say, credit history is often indicative of how your rent will be paid.

 

  1. Tenant Unable or Unwilling to provide satisfactory references
    If they’re not willing or able to comply with your rental application, why in the world would you expect them to follow the rules of your lease?

 

  1. Tenant unwilling to agree with your lease
    That’s a no-brainer. DECLINED!
    I am surprised at how many landlords are willing to sacrifice important landlord protection lease clauses simply because the tenant wants them to. Of course, you need to to be sensitive to the tenant’s needs, and weigh certain arguments on a case by case basis.

 

  1. Bad Attitude
    That’s a no-brainer. DECLINED!

 

  1. Alcohol and/or Drug Problem 
    I know you want to be fair and help people, but steer clear of these kinds of problems, especially when they are obvious. You are looking for a responsible tenant who you can rely on.

 

  1. Smoking
    This is a judgment call. I try to keep my properties smoke free whenever possible. I find it is difficult to rent a unit to non-smokers that had smokers in it before. Rental re-prep involves a vacancy and is usually more painting and cleaning, and still may not eliminate the odor.

 

  1. Pets
    This is also a judgment call. I try to keep my properties pet free. I learned that it can be difficult to rent after a pet was there, for allergy reasons, odors, etc. Rental re-prep usually includes more painting and cleaning and often new carpeting, and still may not eliminate all the odors.
    On occasion when I have great applicants and have inspected the previous home and the pet, I may make an exception, but I am still reminded of the immortal words of my landlord mentor, Nick Koon: “No dog every improved the value of a rental property.

 

  1. Tenant Unable or Unwilling to see the rental personally or meet landlord before application being accepted
    Big RED FLAG. Do a search of “Scams” in the LPA Landlord Q&A Forum.
    Even if the tenant is legit, you should not be deprived of the right to do a proper screening, including the opportunity to meet the prospect so you can decide if you will be comfortable renting to him or her.

About the author:
As a Real Estate broker / investor in New York, John Nuzzolese has been involved with rentals and investment property since 1979. Besides owning and operating two real estate businesses, he is president and founder of The Landlord Protection Agency, Inc. , an organization specializing in helping landlords and property managers avoid the hurdles and pitfalls and expensive blunders common when dealing with tenants.

More information on The Landlord Protection Agency is available at www.theLPA.com

 

Abandonment of Rental Property

bill-new-100What to Do if a Tenant Abandons the Property


by Attorney William BronchickLegalwiz.com

Have you ever had a tenant leave in the middle of the night or the middle of an eviction?  Did you ever wonder what to do?

Basically when a tenant abandons the property, you do not need to file an eviction or wait for the sheriff.  You can change the locks.  As for the tenant’s stuff, in most states you can simply toss it.  You should check your state or local law to see what your legal obligation is to store the items for the tenant.

HOWEVER…

If you are not certain whether the tenant has abandoned the property, you should not change the locks.  If you have the keys, you could enter the premises, but KNOCK FIRST.  Whether or not the tenant has abandoned is often a judgment call, looking at a combination of factors, such as:

  • Did the neighbors see them move?
  • Are the utilities shut off?
  • Did the tenant put in a change of address at the post office?
  • Is there any significant furniture left?
  • If you have access, are there sheets on the beds?

In some cases, the tenant has been arrested or is in the hospital, which would explain why he hasn’t been around.  Or, maybe the tenant has moved, but left behind some furniture to pick up later on.  Even if the tenant is not sleeping there, they are still “in possession” if they have their personal belongings in the unit and have not shown an intent to abandon these items.

Some states have specific laws regarding PRESUMPTIONS of abandonment.  For example, Connecticut law states:

Sec. 47a-11b. Abandonment of unit by occupants. Landlord’s remedies.
(a) For the purposes of this section, “abandonment” means the occupants have vacated the premises without notice to the landlord and do not intend to return, which intention may be evidenced by the removal by the occupants or their agent of substantially all of their possessions and personal effects from the premises and either

(1) nonpayment of rent for more than two months or
(2) an express statement by the occupants that they do not intend to occupy the premises after a specified date.

You can find a state by state guide to landlord tenant law by clicking here. If you do intend to claim abandonment, take pictures, gather evidence and cover all bases to prepare for a possible wrongful lockout claim.  If you have ANY doubts, call your landlord-tenant attorney and do the proper legal eviction proceeding.

The Landlord Protection Agency would like to thank William Bronchick for supplying the article above.

About the author…
William Bronchick, Esq. is an author and attorney who regularly presents workshops and do-it-yourself seminars at real estate and landlord associations around the country. He is the president and co-founder of the Colorado Association of Real Estate Investors. Bill specializes in all forms of asset protection and is the author of several great home study courses.

Read more articles by William Bronchick at Legalwiz.com.

Source: The Landlord Protection Agency, Inc.