The Lawyer’s Guide to Rental Applications: Three Questions New Landlords Ask

If you are a first-time homeowner, you should be aware of the importance of rental applications. These applications, which you can get from attorneys, are filled out by prospective tenants and include all of your relevant financial information. Obtaining this information from potential tenants will help you make an informed decision about whom to accept. Here are some questions you may have about rental applications and tenants:

What should be included in a rental application?

Most attorneys will recommend that prospective tenants fill out a full rental application. This will give you the opportunity to learn more about your prospective tenant’s payment history. On the application, you should ask for the tenant’s employment and income information, a credit history, social security, driver’s license numbers, and any bankruptcy history. You should also ask if they have had previous evictions, as well as request a list of references from their previous rentals. This will allow you to protect your investment property from anyone who has a negative history of not paying rent on time or at all.

Is a rental application required?

Although the law does not require rental applications, having applicants complete one is a very good practice as a landlord. These apps are designed to collect a lot of information about prospective tenants, information you can use to protect yourself if one of your applicants gets upset that they weren’t selected. If that person is trying to sue you because he claimed you discriminated against him, he will have a strong history proving that he was selected based solely on financial circumstances, which may help you win a lawsuit.

Can landlords refuse to rent to certain tenants?

By law, landlords cannot discriminate against rental applicants based on ethnicity, religion, or age. However, in most states, landlords may require applicants to provide proof of citizenship. You can do this in several ways. They can provide a copy of their passport, naturalization certificate, or temporary visa. Please note that if you are requesting this information from one applicant, you must ask all of them. You don’t want to appear discriminatory against potential tenants. Also, remember that in some states you are not allowed to apply for the immigration status of any of your tenants, including New York and California.

Choosing a tenant for your rental property should always be taken very seriously. Be absolutely certain that you do not discriminate in any way. In fact, attorneys often provide landlords with a follow-up call or letter to unsuccessful applicants, providing a detailed explanation. Also, always remember to save any information provided to you in case an applicant sues you.