Tenant(s) name Its always good to hear the prospective tenants view on any issues they may be working hard to improve on past mistakes. Think about what this line of questioning bodes for future dealings with this landlord: Here is a businessperson who is inappropriately interested in his customers' private lives. Could anything interrupt your ability to pay rent? They also cant ask if you are religious in general. And even if you slip by, ask yourself whether you want to rent from a landlord who is so careless. This means that they don't get paid until you get paid. As a landlord, you want to find the perfect tenant, but also want to make sure not to ask illegal rental application questions. The. While this kind of questioning may seem more helpful than harmful, its actually a problem because it is related to religion. Take action if you believe your landlord is raising your rent out of retaliation for something you did. What Can Landlords Not Ask on a Rental Application? Rental applications are essential tools for screening tenants. We use cookies to ensure that we give you the best experience on our website. A good rule of thumb is that a renter should spend no more than 30% of their monthly income on rent. To this end, a landlord cant ask you the religion you are affiliated to or whether you are generally religious. Hi, Im Kelvin Nielsen, a seasoned writer with years of experience in both sides of the rental industry. Unfortunately, a few landlords see themselves as enforcers of their chosen code of morality. Be aware that federal fair housing laws may prohibit you from denying service and. Dear Amy: I have a mostly pleasant relationship with a lovely woman, age 48. In most states, your landlord is legally required to hold up his end of the bargain and that means making arrangements to have repairs made. You can order a credit report for a tenant from the following third-party credit bureaus: A landlord can ask, are you over 18? What can a landlord not ask me? However, in most states, they are required to give proper notice before executing an eviction. (61%) who plan to move in the next year plan to continue renting, so finding out their rental history should be one of your first rental screening questions. Also, keep in mind not to have any sort of religious decorations in your rental if youre furnishing it. You can let them know of any off-street and street parking, along with any no-parking zones. In most cases, however, a lease will not change what a landlord can and cannot do unless specifically requested by the tenant. (See "Are You Two, Like, Together?" How do I run a credit check on a rental application? Established in 1968, the FHA prevents discrimination in all housing matters, including rentals and sales. Many landlords use a rent-to-income ratio of one-to-three (rent can be no more than one-third of your income) as a rule of thumb. Among many, they can ask who your employer is, your monthly salary, and the period youve worked with your current employer. 4. 1. Sometimes, breaking a lease is acceptable like if the prospective tenant had to relocate for a job. Be upfront about how much it will cost to apply background and credit checks can run anywhere from $25 to $75 per applicant. Some states and cities have laws around the number of occupants per bedroom. These questions shouldnt be on the rental application nor should they come up in conversation. And the very point of many of those laws is to cover gaps in the federal laws. Reviewed by Susan Chai, Esq. The government is committed to making sure everyone who rents can have a safe, secure, warm and dry. Read more to learn how to file a claim and where to get help. So youve marketed your rental property and have multiple responses from prospective tenants now what? But they can't ask about children or children's ages, and they can't create special conditions that apply only to families with children. If the renter has a history of moving every year, the pattern will likely continue. Most states require that a landlord give reasonable notice to tenants, usually a days notice or 48 hours before entry during normal business hours, is to take place. Experian However, some seemingly innocent questions can actually be against the law to ask in a landlord/applicant setting. Established in 1968, the FHA prevents discrimination in all housing matters, including rentals and sales. If a landlord evicts a tenant without following their states procedures, it is possible that they could face burglary or trespassing charges. Many renters move to be closer to their new job or for more space. When you and your landlord signed the lease, you both agreed to the stated rent payments. If you learn that she's leaving in disgust over poor management or dreadful neighbors whom the landlord won't evict, you'll want to think twice about signing a lease or rental agreement. It takes practice to conduct an interview that meets your needs for screening the tenant while steering clear of those topics that could land you right in the middle of a discrimination lawsuit. Although federal law does not explicitly prohibit questions regarding. Peripheral questions, such as whether an applicant has a service animal, are not allowed during the tenant screening process. With that, that means carefully screening applicants and getting to know them as best you can. What they cannot do is withhold the security deposit to cover normal wear and tear, such as slightly worn carpet or a few scuff marks on the walls or floors. Sometimes, you might need specific modifications or accommodations to make a space suit your needs. i would say what they cant. Your landlord should never ask you about your nationality or anything related to your ethnic background. Federal law prohibits questions about national origin, race, sex, familial status, religion, and disabilities. Make sure to comply with fair housing laws when dealing with families. While a background check will reveal if an applicant has ever been convicted of something, landlords cannot ask if an, It takes practice to conduct an interview that meets your needs for, Never ask any questions regarding the gender of a rental applicant. They need to ensure that you can pay the rent and have a right to examine your details. While sexual orientation and gender are not protected under the Fair Housing Act, the HUD has an. Although landlords can rent to minors, they typically protect themselves by requiring a parent or guardian as a co-signer. State and local laws may provide further protection to renters based on additional protected classes. Would you be concerned to learn that the "former schoolteacher" next door is really a recently released rapist? Landlords with properties that qualify for the federal. When a family with children submits a rental application, you must use the same screening criteria and give them the same fair, unbiased opportunity to rent the home as any other applicant. Evictions - Landlord/Tenant Law - Guides at Texas State Law Library Rent | Real Estate News & Insights | realtor.com So, if your monthly rent is $1,200, youll want a renter who earns $4,000 each month. This is one of the most crucial questions to ask rental applicants, as no landlord wants to worry about renting to someone with a history of evictions. Furthermore, landlords may only be allowed to enter a property (after providing sufficient notice) during regular business hours9 a.m. to 5 p.m., Monday through Friday. Are you familiar with our rental application process? , landlords need to be mindful that municipal, county, and state jurisdictions can have different laws. If you feel like your landlord or potential landlord is using discriminatory practices, file a complaint on the HUD website or contact a local advocate in your state. Can Landlords Require Renters Insurance? | Zillow Rental Manager Many landlords believe that an applicants entire history with the law is fair territory for questions. The median household income for todays typical renter is $37,500 a year, and the monthly median rent is $1,067. In some states, the law prohibits landlords from asking you questions regarding your gender orientation. Its also helpful to discuss how you accept payments (in person, online, through the mail, etc.). So youve marketed your rental property and have multiple responses from prospective tenants now what? This is a good first question to ask prospective tenants. In Oregon, a landlord can not deny a rental application solely because the applicant has a misdemeanor conviction that occurred more than three years before the date of application. Have you been convicted of a relevant crime? Its a relevant question for potential tenants, and it can be followed up with a call or email to their previous landlord (with the applicants permission) to verify the reason for breaking the lease. While a landlord is not obligated to complete all requested repairs, they are also not allowed to refuse to complete repairs that are necessary for the health or safety of their tenants. Although this booklet is written from the tenant's point of view, landlords can also benefit from the information contained herein. In addition, many states and cities also prohibit discrimination based on marital status, gender identity, and sexual orientation. I can tell from your post that isnt your intent, but someone who didnt get the rental might claim otherwise and youd be in a position of trying to convince the judge. Doing so could, you guessed it, result in a fair housing complaint of some sort because it violates the FHA. Once the tenants move out, landlords can withhold some or all of the security deposit to cover necessary repairs, such as fixing something that was broken by the tenant. In most states, landlords can get away with these kinds of choices. In many cases, a renter will be looking to move in at the beginning of the next month. Underfederal anti-discrimination law(specifically the federal Fair Housing Act (FHA),42 U.S. Code 3601-3619, 3631), landlords are not allowed to discriminate against prospective tenants and current tenants based on their race. Also, they protect you from discrimination and denial of housing based on things out of your control. While landlords may choose to use a tenant screening service, they may not use discrimination as the basis of any decisions regarding current or potential tenants. A landlord's legal responsibilities include, in almost every state, keeping the rental unit in a condition that is fit for habitation. For example, they are not allowed to ask: if you are pregnant or have children if you plan to have children, or if you plan to have more children if you are married, single, or divorced your religion or ethnic background Landlords can check your credit, criminal history, and even your rental history. In addition, what a landlord cannot do is discriminate against you based on these things, so denying you an apartment because of your country of origin is illegal. This consolidated guidance is for landlords and tenants in the private rented sector (PRS). It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. And thats one of the reasons why you should carefully read through the lease before signing it. If they do, you can file a fair housing complaint and the landlord could pay fines or attorney fees. The Top 6 Situations Where a Landlord Can Legally Reject an ESA (Emotional Support Animal) 1. An Illegitimate ESA Letter Your landlord cannot legally reject an ESA if you have provided them with an ESA letter. If a landlord does a background check, here are some things to know about your rights. Fair Housing Laws for Renters: Families With Children - Zillow . A standard rental application is not a legally binding document to rent a property, nor is it a contract. Home Resources 9 Types of Questions Landlords Cannot Ask Rental Applicants. She's divorced with two children in their late teens, and I'm a divorced 55-year-old self-employed builder. It is also illegal to discriminate based on age when selecting tenants for rental properties. Types of Questions Landlords Cannot Ask Their Tenants - Excalibur Generally, this is what you as the landlord need to do to evict someone, including evicting a family member with no lease: Serve your tenant with a notice to vacate that states when and why he . What is your race? In California, New Jersey, and Massachusetts, for instance, a landlord can't ask you whether you're straight, gay, or trans. Its important to remember the severity of asking the above questions. Look at their credit history after they filed have they kept up on payments and worked to improve their credit? Are you wondering, "Who can help me find an apartment for rent?". We may earn revenue from the products available on this page and participate in affiliate programs. for todays typical renter is $37,500 a year, and the monthly median rent is $1,067. Consider their answer along with your desired lease duration do you want a tenant to sign a lease for six months, one year or longer? However, as a landlord you want to find a responsible tenant who will uphold their end of the lease agreement. Your landlord should never ask you about your nationality or anything related to your ethnic background. Just like a tenants race, landlords are not allowed to ask about an applicants nationality. Their references will be able to answer crucial questions, including: You want a tenant whos able to pay the rent on time. For example, states such as Maryland, New York, Delaware, Nevada, North Carolina, and Oregon only allow late fees up to 5 percent of the monthly rent. Copyright 2023 Landlord Tenant Resource. Find A Personal Injury Lawyer Near You - Forbes Advisor by including the following queries in your form: Tenant(s) social security number or individual taxpayer identification number. Often, a renter decides to move simply because their rent is being increased according to the, Zillow Group Consumer Housing Trends Report 2019. , 78% of renters who move from one rental to another experience a rent increase prior to their move. Pets occupy 46% of rental households, with dogs (31%) and cats (22%) being the two most common. While its your job to find a qualified tenant, its their job to find a place to call home. Asking this question is not allowed under the. A credit report will show any bankruptcy in the past seven years. May I enter your unit in 24 hours (or more). Also, they cant deny you housing on the grounds of your sexual orientation. and a landlord chooses them for residency. The constable must post a 24 hour notice before "executing the writ" and removing the tenant's property from the . How many people will be living with you? Some landlords have gone without rental income for more than three years after Oakland, California, approved an eviction moratorium in March 2020. . 16. If they continue to ask prohibited questions, it may be necessary to contact a tenant rights organization or seek legal counsel. As a landlord, you want to find the perfect tenant, but also want to make sure not to ask illegal rental application questions. Landlords may even ask if you smoke or if you've ever been sued. When Can Landlords Turn Rental Applicants Down? Questioning only those from the Mideast would amount to illegal discrimination on the basis of national origin. Articles may contain affiliate links which enable us to share in the revenue of any purchases made. Its a good idea to create a list of questions beforehand, keep the interview succinct and professional and trust your background screening service to pull up any significant issues for your attention. With that, that means carefully screening applicants and getting to know them as best you can. Pets occupy 46% of rental households, with dogs (31%) and cats (22%) being the two most common. TIP Property owners also must avoid questions about whether or not an applicant is pregnant or plans to become pregnant. Here are some illegal things that a landlord cant ask you. 5 Reasons a Landlord May Choose Not to Renew Your Lease These can range from the right to privacy to the right to a clean, habitable home. What Rules Can Landlords Make Regarding Children? - RentPrep As a landlord, it's your right to have a no-smoking policy and deny an applicant if they or a co-applicant smoke. While you can ask about total monthly income, some states do not allow you to ask about sources of income. If at all possible, look elsewhere. No rental application can include any fill-in-the-blanks regarding race. If youre ready to leave the fast pace of big city living behind, consider Nebraska., Located in the upper Midwest, North Dakota is known as the Peace Garden State. Think about it even the simplest conversation about where someone is from or how they grew up can lead to a bigger discussion and in 2023, resulting in a discrimination case, whether the discrimination was written or oral. If the tenant agrees to the new terms, the new lease governs the tenancy. These are some common questions landlords can ask: Landlords cannot ask certain questions because it can lead to discrimination based on specific characteristics, which is prohibited by law. Lease Renewal vs. Extension: Whats the Difference? Will you be able to pay the security deposit when you sign the lease? Chances are he spends his time and energy checking up on his tenants' love lives, at the expense of running a pleasant and livable building. Some landlords decide that a property will no longer be a rental. The wrong person can totally pervert the original intention of the discount and turn it on you. Likewise, it is illegal for a landlord to reject your rental application on the basis of your religious affiliation. Many legal processes affecting tenants move . Experian 4 Things Landlords Are Not Allowed to Do 7. The landlord cannot ask for some private information because arrest incidents do not necessarily mean that the person committed a crime. Zillow Group is committed to ensuring digital accessibility for individuals with disabilities. Legal Options When a Landlord Refuses Rent or Requests Occupancy issues are rare the typical American renter is a 33-year-old who shares a home with either a pet, children or a roommate but you should always check. The landlord can change the terms of the lease and increase the rent. Is Your Landlord Breaking the Law? Here's How to Know - realtor.com