what can landlords legally ask for

We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. If they enter without proper notice (which is usually 24-hours minimum), they are violating your renters rights. This means that in most states it would not be illegal for a landlord to question you and your would-be roommate about the nature of your relationship. In that case, the landlord must allow a reasonable accommodation for the service assistance animal as long as the tenants meet specific criteria. But, it is 19 years in Alabama and Nebraska. Many landlords try to exclude families from their rentals because they believe children cause more wear or because they prefer a more "mature, quiet" environment. If the tenant wants to move in immediately or is looking more than two months in advance, that can be a warning sign. 4. Next Steps Learn about credit checks Understand if a landlord can ask you for a guarantor Understand if a landlord can use a rent-to-income ratio Try to get the landlord to follow the Human Rights Code Apply to the Human Rights Tribunal of Ontario All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Send a maintenance request letter to your landlord or call them if theyre more of the phone call type. Landlords often wonder what questions they cannot legally ask on a rental application. Reviewed by Susan Chai, Esq. Landlords ask for social security numbers so they can pull credit history and verify their applicants identity during a background check. California landlords cannot ask about color, race, sex, religion, gender, gender expression, gender identity, sexual orientation, marital status, ancestry, national origin, familial status, genetic information, or disability. For example, landlords who ask about immigration history should ask all tenants, not just those whom they suspect might be in the country illegally. Not surprisingly, many of these landlords lose these cases in small claims court. How to Verify an ESA Letter: A Guide for Landlords While you may be familiar with the obvious no-nos, like Are you disabled? or What race are you? there are more subtle forms of questioning that may seem innocent, but can actually get you into trouble. They need to ensure that you can pay the rent and have a right to examine your details. 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. When you write a rental application or conduct an interview with a potential tenant over the phone, ask intelligent questions that help you determine an applicants financial situation and ability to pay rent. In that case, the landlord must allow a reasonable accommodation for the service assistance animal as long as the tenants meet specific criteria. Landlords may legally ask questions that help discern a tenants financial stability, such as: Property owners can not ask questions that violate federal or state discrimination laws. Yet the basic rulethat deposits should be used only to cover damage beyond wear and tear, needed cleaning, and unpaid rentisn't hard to understand. The area to avoid regarding income, however, is asking where it comes from. The attorney listings on this site are paid attorney advertising. Most landlords are familiar with the Federal Fair Housing Acts that prohibit discrimination against certain protected classes. Some seem so simple to bring up in conversation, but landlords everywhere have to remember FHA and discrimination laws, including local and state rules and regulations. Doing so can result in what looks like an act of discrimination if you are representing a certain religion in the rental and then you deny a tenant that follows a different belief. What Questions Can You Legally Ask a Tenant? | Avail While landlords are entitled to ask business-related questions on a rental application or during an interview, there is an important hitch: They should subject all applicants to the identical set of basic questions. One pro tip: If possible, ask the tenant to share information for a former, rather than current, landlord. Source of income is absolutely relevant considering it will play a big part in how youll be able to pay your rent. Can Landlords Ask Tenants if They Are Married? - RentPrep 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. During a face-to-face or telephone interview, and in writing, landlords should refrain from asking applicants whether they are interested in local churches, mosques, or synagogues, regardless of the intent behind the question. 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. The landlord must provide the source of the information, and in the example of a credit report, you are entitled to a free report from the credit reporting agency. Rental applications are investigative tools used to gather relevant information during the tenant screening. Per FHA statutes, rental applications cannot include questions about where tenants were born or what country they came from. What information can a landlord ask me for when I apply for a place? What church do you attend? As Hoosier renters, what are your rights? Not the same as a landlord's Was your discount just a way of finding out you didnt want to rent to them because they were old? While this question may seem innocent enough for landlords who simply want to know what to expect as far as animals on the property, it actually violates the law. Save your hard-earned money and time with Legal Templates. Its important to remember the severity of asking the above questions. The wrong person can totally pervert the original intention of the discount and turn it on you. IMPORTANT Federal law does not allow some questions, while state and local legislation prohibit others. However, maintenance needs to be approached differently than property inspections. Legal costs if a tenant is sued. Even language that would seem innocuous, such as advertising a unit as Great for young couples! shows a preference for one group over another and can be held against you. If you are not on a lease for an apartment are you legally binded to You are also entitled to ask how a landlord will use any information you are asked to provide. The new lease is for the same length as the old lease and contains the same provisions. Email Lawyer. Debunked! 8 Myths About Renting You Should Stop Believing - realtor.com However, that often doesnt stop a landlord from rejecting the application. Another landlord may not want to rent to an unmarried couple due to her religious beliefs. Ten Landlord Legal Mistakes to Avoid - FindLaw Its a good idea to have a thorough screening process for prospective renters, but if you dont know the Fair Housing laws, you might not realize there are certain questions that are illegal for landlords to ask tenants. Do Not Sell or Share My Personal Information, Discrimination Prohibited by Federal Laws, Discrimination Prohibited by State and Local Law, Collecting and Returning Security Deposits, Rent Rules: Rent Control, Increases, & More, See All Landlords & Rental Property Articles, Do Not Sell or Share My Personal Information, tell them whether you're likely to be a good tenant, and. Just like when you bought or leased your car. For example, a landlord may not wish to rent to an unmarried heterosexual couple because he mistakenly believes that unmarried couples are less financially stable. 6. LAFAYETTE, Ind. Questioning only those from the Mideast would amount to illegal discrimination on the basis of national origin. These remedies vary from state to state but include, among others, allowing the tenant to withhold rent and even break the lease early. Your landlord drops by a lot. A landlord and a tenant may also agree to extend the tenancy by signing a new lease agreement. This is a big no-no. Landlords can ask for information such as pay stubs or bank account statements to prove that you are able to afford the rent. Any questions about physical or mental disabilities can also place landlords in legal hot water. Here are 12 illegal rental application questions a landlord should not be asking. What if I don't make 3 times the rent? 8 Tips to Get the Apartment To cut out the guesswork and simplify the tenant screening process for yourself, consider using a standardized rental application to ensure everyone is treated fairly and you get the best information to make good decisions for your rental unit. In most states, landlords can get away with these kinds of choices. This list wouldn't be complete without another reference to security deposits. The legal definition of familial status centers solely on pregnancy and having childrenit does not include marital status. How do I run a credit check on a rental application? In particular, states like Massachusetts, California and Connecticut are among some of those states. As such, Fair Housing Act rules particularly focus on removing opportunities for conscious or unconscious bias. A landlord may reject you for poor credit history, income that a reasonable businessperson would deem insufficient to pay the rent, negative references from a previous landlord or employer, a criminal conviction, or a prior eviction lawsuit (even one that you won). You likely have monetary claims against the landlord, including your court costs and attorney's fees. May I come over in an hour to check out the apartment?. Your email address will not be published. Of course your information will be pertinent and certainly verified. Gain access to a tenant's: Read the latest installment of our quarterly Rental Report for rental market trends based on landlord and renter survey results! In many states, this is illegallandlords must take steps to rerent, and credit any new rent toward the tenant's obligation for the rest of the lease. As a tenant, you are entitled to certain renter rights. Medical Marijuana and Rental Properties: Can You Be Evicted 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. You're better off setting a modest fee that reflects your true damages, and dealing with chronic late-payers with pay-or-quit notices. Asking a tenant if they receive welfare or another public assistance is considered discriminatory. Legal Issues & Renting What Information Can Potential Landlords Legally Ask You For? 4 Things Landlords Are Not Allowed to Do - Investopedia Even if youre just trying to make conversation, steer clear of anything that touches on religion or religious affiliation, which is its own protected class. I left in December and was paid until February and I had a deposit when I moved in he gave me nothing . IMPORTANT In most states, 18 years is the age of majority. Those legal aid attorneys are generally quite good at navigating optimum agreements for tenants and I would trust and follow their guidance. They can ask for any information that will: Questions that don't relate to these two issues are probably not legal. Asking about children is off-limits, including inquiries into the possibility of having kids in the future. True, those assumptions are speculative, but because theyre speculations based on logistical information that has nothing to do with any of the applicants protected categories under the Fair Housing Act (race, nationality, religion, sexual orientation, gender (in some, but not all states), relationship status, children, age or disability), theyre legally fine. Managing Rental Applications And Tenant Screening Laws Questions Landlords Can't Legally Ask on Rental Applications Federal, state, and local laws prevent landlords from asking certain questions on rental applications. You'll never land an apartment with a bad credit score . Property owners can not ask questions that violate federal or. RT @20PercentBerlin: Berlin can legally seize apartments from major corporate landlords (with fair compensation), a gov't commission has ruled, clearing the way for the @dwenteignen initiative that wants to limit portfolios to 3,000 flats. Do you plan to have kids? Many states have deadlines by which landlords must itemize their use of the deposit and return any balance. If youre employed, but also on food stamps or other public assistance, you have the right to keep that information to yourself. However, many of these foreigners will have whats called an individual taxpayer identification number (ITIN). However, suppose applicants have a service animal and a landlord chooses them for residency. The current coalition isn't a fan of the idea. They are not allowed to ask you if you are pregnant or expecting to get pregnant, nor are they allowed to ask you if you plan on having kids in the future. You should also ensure that your late fees do not violate your state's late fee laws or state or local rent control laws, if applicable. Questions around the confirmation of employment are just fine and verification that the income exists, but asking about the source could lead to potential discrimination. We use cookies to ensure that we give you the best experience on our website. Property owners also must avoid questions about whether or not an applicant is pregnant or plans to become pregnant. Do not ask about any disabilities of any sort. If your landlord's policy is no pets, no smoking, or some other legitimate lease or rental agreement term, you're out of luck unless you can make some convincing arguments for your case. But using the wrong form can get you into trouble. Some seem so simple to bring up in conversation, but landlords everywhere have to remember FHA and discrimination laws, including local and. It also requires knowledge of the law: Federal law and many states' laws closely regulate nearly every aspect of your business. Most landlords know it's important to have a written lease or rental agreement. And the very point of many of those laws is to cover gaps in the federal laws. 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. The Federal Fair Housing Acts (42 U.S. Code 3601-3619) prohibit discrimination on the basis of race, color, religion, national origin, gender, age, familial status (having children), and physical or mental disability (including alcoholism and past drug addiction). If you continue to use this site we will assume that you are happy with it. Questions that might feel like and even be intended as polite small-talk, such as asking where a persons accent is from or if they have any children, should be avoided since they relate to protected facets of personal identity that can be the basis for discrimination. At a basic level, you need to know four things about any prospective tenant: The first two questions can and should be part of your first conversation with a prospect. 2023, iPropertyManagement.com. The first two questions can and should be part of your first conversation with a prospect. You are your own worst enemy if you lie on your rental application. But asking age and family status is NOT cool. However, asking about prior arrests is generally prohibited because arrest incidents do not necessarily mean that the person committed a crime. IMPORTANT Some jurisdictions, such as Seattle, Washington, have enacted ordinances prohibiting property owners from denying housing to individuals based on their criminal history. But using the wrong form can get you into trouble. How is this legal ?? I went to court for eviction with a legal aid the To avoid violating renter protections and protect yourself from a bad tenant the best offense is a clear and consistent screening and application process. 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. My landlord changed the locks on me and my 13 year old daughter from Many landlords are unclear about whether they have the right to ask applicants about their marital status. Here are a few examples of what landlords can request, and what they can't. Can they afford the rental rate and pay on time, every time? 3 Questions a Landlord Can and Can't Ask. What a Landlord Can & Cannot Do: A Guide to Tenant Law Millions of Americans inside and outside of cities rent rather than own their homes. A perfect example is California, where state housing laws do NOT exempt owner occupied buildings with four or fewer rental units from anti-discrimination laws. Home Resources 9 Types of Questions Landlords Cannot Ask Rental Applicants. Tenant(s) address My landlord was a drug investigator and he did his own investigation allegedly conducting three trash pulls to obtain a bogus warrant to search my home and evict me. Laws governing tenant screening exist at both the state and federal levels. A standard rental application is not a legally binding document to rent a property, nor is it a contract. Illegal Rental Application Questions | Lawyers.com State laws align with the state where the rental property is located, so even if youre in California but your unit is in Illinois, Illinois laws apply. Property ownershave the right to ascertain whether applicants meet income guidelines, but they cannot ask specific questions regarding an applicants acceptance of government services. That way you can learn about any potential blemishes that landlords may discover before you pay an application fee. With that, that means, This question is often used in casual conversations to get to know someone a little better, but in a landlord-tenant situation, its a big no-no. Landlords can retrieve information about past rental history, criminal records, and conduct a credit check on tenants. 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. The attorney listings on this site are paid attorney advertising. The security deposit is separate from last month's . Maybe they only want to rent their unit to a specific age bracket or dont like renting to young college students; whatever their reasoning for wanting a person of a certain age, its illegal to deny an applicant housing based on their age. In other words, landlords cannot deny an application based on whether the prospective tenant is pregnant or has children. And that starts with knowing what information is in-bounds for assessing applicants and what isnt. Age and family status are both protected classes. Landlord received ERAP payment in May 2022 and started sending eviction Most landlords are familiar with the Federal Fair Housing Acts that prohibit discrimination against certain protected classes. Landlords should focus on convictions when making their decisions, not arrests. Tenant Screening | Tenants Union If your landlord asks a prohibited question, its essential to respond calmly and assertively and remind them that the question is prohibited by law. Yes, a landlord has the physical ability to ask that particular question. Try to veer away from any line of, Avoid Illegal Rental Application Questions, Its important to remember the severity of asking the above questions. Any questions about whether or not a renter receives public assistance of any sort are a major no. In some states, the information on this website may be considered a lawyer referral service. This response is not legal advice, but is general information only, based upon the facts stated in the question. If your prospective landlord is conscientious, he'll probably take the time to learn about your rental and employment history. With the exception of senior living communities, choosing whether to rent to a person based on their age is illegal. Applicants are not required by law to provide an SSN. On the other hand, some standard forms actually impose greater obligations and restrictions on you than your state's law does! So-called "standard" forms you'll find for free (or even those being sold) on the internet probably aren't compliant with the laws in your state. Our tenant screening services have been trusted by over 90,000 landlords & property managers since 2007. You are legally allowed to ask about their monthly income and should do the math on your own to ensure its at least 2.5 to 3 times the asking rent amount. Can a landlord who is a police officer conduct his own investigation on Here are some examples of questions that may seem benign, but are actually illegal to base any rental decisions on under the Fair Housing Act: 1. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. However, some seemingly innocent questions can actually be against the law to ask in a landlord/applicant setting. Even if seemingly innocent, questions regarding nationality or ethnic background are off-limits, since assessing a tenant based on this information is discriminatory. In most cases, a landlord can require a social security number. , many jurisdictions have enacted state statutes making these questions illegal. Great point here Shalom! below.). It Depends! Your landlord is responsible for maintaining the appliances in your apartment. Are they amenable to a move-in/move-out timeline that aligns with the units availability? Landlords with properties that qualify for the federal 55 and older exemption may refuse to rent to people less than 55 years of age and with minor children. By Kristen Kwiatkowski Updated: Jul 17th, 2020 Although property owners have the legal right to limit the number of occupants in any unit to comply with health and safety regulations, they. Typically, the best references are those from previous landlords followed by employers, then friends. Manytenant screening servicesdo offer the ability to work with the prospective tenant directly, foregoing the need for a landlord to ask for the social security number on the application. Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample, 9 Types of Questions Landlords Cannot Ask Rental Applicants, Rental applications are essential tools for. While landlords are permitted to limit the number of residents in a unit (in most situations, two occupants per bedroom), landlords cannot apply that standard differently when dealing with families. Your landlord (or any potential landlord) cannot discriminate or turn an applicant away based on familial status. They can ask for any information that will: Can landlords ask for a social security number? - Quora Updated July 29, 2022 | Written by Jana Freer Reviewed by Susan Chai, Esq. There are a few exceptions to this rule, as for retirement or senior communities that comply with 55+ state and federal regulations, but in general, keep any questions and assumptions about age to yourself. Get a FREE case evaluation from a local lawyer Your landlord should never ask you about your nationality or anything related to your ethnic background. The cost of implementing policies that discourage families from living in your rentals can be a trip to your lawyer's office to deal with a fair housing complaint. Many people are arrested and let go, or arrested and not convicted. Landlords sometimes can be held legally responsible for tenants' and guests' injuries that happen at the rental property. and a landlord chooses them for residency. to create a document that will help protect your and your assets. But, there are questions that landlords cannot ask an interested renter. If you use a form lease that short-cuts tenants' rights, you could find yourself at the losing end of a lawsuit because of an unenforceable lease clause. Don't defer maintenance. Likewise, credit checks and employer or former landlord references provide excellent insight into a tenants past behavior. If the landlord says the tenant skipped rent payments or left the property in bad condition, you can legally deny that tenant. While it is possible to screen tenants without a social security number, the majority of landlords will simply reject the application for leaving the SSN blank. Misrepresentations on the rental application are always legitimate grounds for rejection. It's not uncommon for tenants to wait many weeks or months for this accounting. Okay, so youre probably thinking but I need to know how much money a tenant makes to see if they can afford rent. 2.3 Verify the Letter Came from an Authorized Healthcare Provider.