The key to finding good tenants and protecting property and community is the utilization of professional tenant screening.  This is not an area where any landlord or property manager should cut corners, it is essential that proper background screening of prospective tenants be conducted by a professional tenant screening agency.  It is necessary to get all the background reports like from conducting criminal background checks and eviction checks along with completing all pertinent reference checks to verify all information on a leasing application.  All landlords and property managers should know the importance of tenant screening a prospective tenant from the first greeting through the entire application process.

Tenant screening is one of the critical components of a thorough background check on all prospective tenants.  On the whole the vetting process entails several components, starting with the application process.  Every application must be treated equally and in accordance with the law.  Now, more than ever, cities and counties are controlling how tenant applications are managed, especially in tenant friendly cities such as Seattle and San Francisco.

Another important piece of the vetting process is a tenant interview.  Questions should be short and direct, but also open ended.  An interview should be more of a conversation, one that probes deep enough to get a sense about the applicant, essentially working on risk mitigation and developing an understanding of what affect, if any, a new tenant will have on the property and community.

Finally, the tenant background check.

Being central to tenant screening overall, a tenant check is concerned primarily with quantitative data that will allow a landlord and/or property manager to make a well informed decision about a perspective tenant.

From ForeignPolicy.org (Feb 02, 19)

The right tenant can be a joy. They pay on time, have a good relationship with neighbors, and keep your property in good shape. The wrong tenant, however, can be a nightmare. They may trash your place, put you behind with bills, or cause trouble for other tenants or neighbors.  ^{foreignpolicyi.org/why-checking-the-background-of-prospective-tenants-is-essential/}

There are several public records and numerous verifications that would –prove highly beneficial to the tenant check.  Key are Criminal History Reports, Consumer Credit Reports, and Eviction Records, to name a few.  References could include personal and professional references, as well as previous landlord reference.

Combined with an interview the tenant check allows a landlord to get a better understanding of the candidate.  One of the most important aspects of this process is, as mentioned, risk mitigation.  A landlord and/or property manager has a responsibility to the existing tenants, ownership of the property, and the community at large.

A tenant check is an inexpensive tool a landlord can use to get this important information.  And utilizing a third-party tenant screening agency can provide great value insomuch with keeping landlords up-to-date with current and potential laws governing tenant screening, and helping these landlords stay fully compliant with law.

More and more landlords are coming under fire by new laws governing how key reports within a tenant check are utilized.

In Seattle, attempts are being made to quell homelessness via legislation.   Changes to eviction laws could create challenges for landlords in the vetting process.  ^{seattletimes.com/seattle-news/politics/state-legislature-trying-to-tackle-homelessness-through-eviction-reform/}

New laws affecting the tenant selection process are being considered and implemented across the country and the safest approach for landlords is to utilize a professional tenant screening agency to help with compliance and delivery of all essential data and reports necessary in making a sound and non-discriminatory decision on all prospective tenants.

Proper tenant screening of all leasing candidates is extremely important and is a critical tool in evaluating and confirming information provided by applicants.  This valuable information provides the facts that landlords need in order to maintain a safe environment for existing tenants, protecting property, and the community at large.  There is no short cut to professional tenant screening and as laws change regarding the tenant selection process it is best to be in compliance with the law and in the loop on potential new law.

To learn more about why it is so important to perform professional tenant screening on all prospective tenants prior to handing over the keys read recent TenantScreeningUSA.com press release:  The Value of Tenant Screening: Protection of Property, People and Perception

A recent ruling by the United States Court of Appeals for the Second Circuit rules that FHA landlords may be held liable for Tenant-on-Tenant Harassment. (Case Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.; (2:14-cv-03555)) Significant rulings, such as the recent decision by the 2nd Circuit Court, should immediately alert landlords and property managers to review screening policies and insure the most vigorous tenant checks are conducted to keep existing and new tenants safe.

The Second Circuit court recently ruled on a Tenant-on-Tenant case (2:14-CV-03555) and noted that FHA landlords may be liable for such harassment. One of the most critical responsibilities of a landlord is in protecting existing and new tenants, and this process can be best served by a thorough tenant check; one conducted by a well-qualified third-party tenant screening agency.

Recently the Second Circuit court ruled on a Tenant-on-Tenant harassment case, a ruling that could have significant repercussions for landlords and, potentially, tenant screening.

From BusinessInsurance.com (Mar. 05, 19):

The federal Fair House Act is analogous to Title VII of the Civil Rights Act of 1964 in holding a landlord can be held liable for failing to promptly respond to a racially hostile housing environment, says a federal appeals court in a divided opinion that overturns a lower court ruling.

In 2010, Donahue Francis, a black man, signed a rental lease agreement with Kings Park, New York-based Kings Park Manor Inc. and moved into an apartment unit of a KPM-owned complex managed by Corrinne Downing, according to Monday’s ruling by the 2nd U.S. Circuit Court of Appeals in New York in Donahue Francis v. Kings Park Manor Inc., Corrine Downing et. al.

After several uneventful months, Mr. Francis’ next-door neighbor began to subject Mr. Francis “to what only can be described as a brazen and relentless campaign of racial harassment, abuse, and threats,” said the ruling. ^{businessinsurance.com/article/20190305/NEWS06/912327079/Landlord-can-be-responsible-for-tenant%E2%80%99s-racist-actions-court-rules}

In finding that landlords may be held liable for tenant-on-tenant harassment, a thorough tenant check becomes all-the-more critical.

A primary responsibility of a landlord is the protection of property, person, and perception or reputation. A tenant background check can greatly assist in vetting an applicant and assist landlords in making a well informed decision.

The complicated finding reveals that FHA landlords have a specific responsibility in protecting their tenants.

From theLaw.com (Mar 05, 19):

The federal housing authority itself had found, and promulgated rules that found, a hostile harassment environment between tenants to be a violation under federal housing rules—and that a housing provider can be held liable, as the authority said in its amicus brief filed in the case, “in certain circumstances for failing to address tenant‐on‐tenant harassment.” ^{law.com/newyorklawjournal/2019/03/05/second-circuit-rules-fha-landlord-can-be-liable-for-tenant-on-tenant-harassment/}

In the end, rulings such as the recent 2nd Court finding should alert landlords and/or property managers to work closely with a professional tenant screening agency to insure their screening policies are as thorough and as compliant as possible and to avoid the potential for discrimination.

To learn more about how this recent ruling by the 2nd Circuit could impact landlords and even hold them liable for harassment between tenants and how professional tenant screening could help avoid such situations read recent TenantScreeningUSA.com press release: 2nd Circuit Ruling on Tenant-on-Tenant harassment May Hold Landlord Liable

The key to finding good tenants and protecting property and community is the utilization of professional tenant screening.  This is not an area where any landlord or property manager should cut corners, it is essential that proper background screening of prospective tenants be conducted by a professional tenant screening agency.  It is necessary to get all the background reports like from conducting criminal background checks and eviction checks along with completing all pertinent reference checks to verify all information on a leasing application.  All landlords and property managers should know the importance of tenant screening a prospective tenant from the first greeting through the entire application process.

Tenant screening is one of the critical components of a thorough background check on all prospective tenants.  On a whole the vetting process entails several components, starting with the application process.  Every application must be treated equally and in accordance with the law.  Now, more than ever, cities and counties are controlling how tenant applications are managed, especially in tenant friendly cities such as Seattle and San Francisco.

Another important piece of the vetting process is a tenant interview.  Questions should be short and direct, but also open ended.  An interview should be more of a conversation, one that probes deep enough to get a sense about the applicant, essentially working on risk mitigation and developing an understanding of what affect, if any, a new tenant will have on the property and community.

Finally, the tenant background check.

Being central to tenant screening overall, a tenant check is concerned primarily with quantitative data that will allow a landlord and/or property manager make a well informed decision about a perspective tenant.

From ForeignPolicy.org (Feb 02, 19)

The right tenant can be a joy. They pay on time, have a good relationship with neighbors, and keep your property in good shape. The wrong tenant, however, can be a nightmare. They may trash your place, put you behind with bills, or cause trouble for other tenants or neighbors.  foreignpolicyi.org/why-checking-the-background-of-prospective-tenants-is-essential/

There are several public records and numerous verifications that would –prove highly beneficial to the tenant check.  Key are Criminal History Reports, Consumer Credit Reports, and Eviction Records, to name a few.  References could include personal and professional references, as well as previous landlord references.

Combined with an interview the tenant check allows a landlord to get a better understanding of the candidate.  One of the most important aspects of this process is, as mentioned, risk mitigation.  A landlord and/or property manager has a responsibility to the existing tenants, ownership of the property, and the community at large.

A tenant check is an inexpensive tool a landlord can use to get this important information.  And utilizing a third-party tenant screening agency can provide great value insomuch with keeping landlords up-to-date with current and potential laws governing tenant screening, and helping these landlords stay fully compliant with law.

More and more landlords are coming under fire by new laws governing how key reports within a tenant check are utilized.

In Seattle, attempts are being made to quell homelessness via legislation.   Changes to eviction laws could create challenges for landlords in the vetting process.  seattletimes.com/seattle-news/politics/state-legislature-trying-to-tackle-homelessness-through-eviction-reform/

New laws affecting the tenant selection process are being considered and implemented across the country and the safest approach for landlords is to utilize a professional tenant screening agency to help with compliance and delivery of all essential data and reports necessary in making a sound and non-discriminatory decision on all prospective tenants.

Proper tenant screening of all leasing candidates is extremely important and is a critical tool in evaluating and confirming information provided by applicants.  This valuable information provides the facts that landlords need in order to maintain a safe environment for existing tenants, protecting property, and the community at large.  There is no short cut to professional tenant screening and as laws change regarding the tenant selection process it is best to be in compliance with the law and in the loop on potential new law.

To learn more about why it is so important to perform professional tenant screening on all prospective tenants prior to handing over the keys read recent TenantScreeningUSA.com press release:  The Importance of Tenant Screening

The methods used in tenant screening are meant to mitigate risk within a rental community and with the landlord and/or owner of the rental unit.  Through the tenant vetting process a landlord and/or property manager can gain valuable information on potential tenants prior to leasing, and, subsequently can mitigate the risks associated with the person, finance and the property itself.

In the current state of affairs in the USA with so many varying laws across the country in regards to proper and compliant apartment applicant selection practices; it is considered a best practice to work with a well-qualified third-party tenant screening agency in order to stay compliant with laws governing tenant screening and rental property.

Oftentimes jurisdictions have different laws governing rental properties.

It is very important that landlords and property managers work with a professional tenant screening agency in order to stay compliant, but also to avoid the potential of expensive legal action.  Working with such an agency is a smart choice to help mitigate risk for the landlord/property manager during the vetting process of potential rental candidates.

The State of New York has rules governing where a Registered Sex Offender may reside.  The law is designed to assist convicted sex offenders to reengage with society and acceptable housing is often considered a key in this reintegration.

From Law.com (Dec 13, 18):

In New York state, sex offenders are not obligated to inform anyone of their past. Rather, the onus is on local law enforcement to release information, where necessary, to the community and/or particularly vulnerable populations, including schools, nursing homes, day care centers, etc. Correction Law Article 6, §168-l.  law.com/newyorklawjournal/2018/12/13/when-a-sex-offender-moves-in/

Laws can vary wildly from state to state, county to county, even city to city. Working with a professional tenant screening agency can greatly assist property managers remain compliant with law.

The sex offender registry is just one of the challenges faced by property managers and landlords. Another is with criminal record history.

Criminal history checks used as a part of tenant screening or any form of background screening process has become increasingly complicated in the last several years; another good reason to work with a tenant screening agency.  Laws change rapidly and are often complex.  Working with a professional third-party tenant screening agency can greatly reduce the challenge of understanding laws one is attempting to comply with.

In Seattle, WA a new law regarding the use of criminal records history has caused a stir and will continue to compound the challenges of tenant screening.

From Marketplace.com (Dec 30, 18):

But an unprecedented new city law — forbidding landlords from checking into potential renters’ criminal past — is very much in dispute and setting up a closely-watched court battle.

Landlords argue their free speech, property rights and possibly their safety is being jeopardized by a law that forces them to close their eyes to relevant public information about possible tenants. They’re backed by landlord groups and background screeners who call the ordinance a perilous precedent.

The “Fair Chance Housing Act” was anything but that, according to landlords’ lawyers. Ethan Blevins, an attorney at the Pacific Legal Foundation, said the law’s premise “is this paternalistic idea that the city gets to decide what information is relevant or important to a landlord’s decision making process.”  marketwatch.com/story/a-new-seattle-housing-law-forbids-landlords-from-checking-into-tenants-criminal-history-but-does-it-go-too-far-2018-12-26

Again, it’s about risk mitigation and the use of criminal background records often treads a thin line.  It is an area of continued conversation and on-going change.

Using a well-qualified professional tenant-screening agency remains not only the best practice but also the safest approach for all landlords and property managers.

When looking for a professional tenant screening agency make sure they have an A+ Rating with the BBB, are a member of the National Association of Professional Background Screeners (NAPBS) have the ability to pull from the available statewide criminal repositories and are able to access and retrieve court records from any of the 3,143 counties in the USA.

To learn more about why utilizing a professional tenant screening agency can help landlords and property managers stay compliant with all laws that affect apartment leasing practices read recent TenantScreeningUSA.com press release: Tenant Screening is Risk Mitigation in Renting; 3rd Party Background Screening is Risk Mitigation for Landlords

The act of eviction has become an ever mounting challenge across the country for the last number of years.  This challenge along with the recent shortage of affordable rental living and related rent increases has caused that challenge to grow much larger and subsequently has made the problem much more noticeable.

Many cities and states across the country face the challenge of eviction and the potential sister challenge of homelessness.  Landlords and property managers have to deal with an emotionally charged issue, one assorted with numerous laws and regulations.

A best practice for landlords and property managers has always been to work with a well-qualified third-party tenant screening agency.  With a highly trained staff of investigators, a tenant screening agency is tasked in staying current with all laws governing tenant screening.

The city of Cleveland Ohio is making a concerted effort in reducing evictions through the use of mediation and state and federal assistance programs.

From WDET.org (Nov 12, 18):

… a pilot program which was started under the watch of Judge Ron O’Leary, who oversees Cleveland’s Housing Court. It brings in social workers to screen tenants who come to the court. O’Leary says the goal is to see if the tenants are eligible for assistance through a variety of programs.

“We may see tenants who are seniors. We may see tenants who are veterans or who have some mental or physical health issues or substance abuse issues,” says O’Leary. ”The goal in screening the tenants is to see if there are resources available.”

That program made more than 1,500 referrals in 2017, and has almost reached that number already this year.  wdet.org/posts/2018/11/12/87524-michigan-cities-face-eviction-crisis-here-are-some-solutions/

Another challenge tenants face with eviction is lack of legal representation.

From WDET.com (Nov 12, 18):

Unlike criminal defendants, tenants facing eviction have no right to legal representation.  ibid

Cleveland works with a legal aid group to assist low-income tenants with legal representation.

Preventative practices are, ultimately, the key to reducing evictions.

There are several steps a landlord should go through during the vetting process of a potential tenant.

1.      Tenant Check

A tenant background check can offer several reports drawn from public databases, both computerized and via a county courthouse.

A third-party tenant screening agency can help a landlord interpret data from a tenant check, especially criminal history and credit reports, the two key documents in a tenant check.

A criminal history report is commonly drawn from Last and Current County of residence.  As an example, most Professional Tenant Screening Agencies have access to courthouses across the country to pull the most immediate and current information on an applicant.

2.      Eviction Records

Eviction records are another critical component of the tenant check but one worthy of being highlighted.

An eviction record provides insight to a renter’s behavior.  Certainly it would point to a conversation well worth having regarding a potential tenant’s candidacy.

3.      References, personal and professional

References are an integral part of the vetting process.  It is key to have any reference confirmed and as many references as available should be vetted.  The most important reference is generally from the previous landlord.

In the end working with a third-party tenant screening agency remains a best practice.  With all the challenges that come with evictions staying ahead of the curve is always the smartest approach.

To learn more about the ongoing eviction crisis in the USA and how landlords can reduce the potential for eviction read recent TenantScreeningUSA.com press release:  Eviction Crisis: Solutions, Challenges, and Questions

Recent survey data by Freddie Mac further suggests that in the minds of many Americans renting is cheaper than purchasing a home.  As more people look to renting over ownership landlords and property managers will see increasing opportunity for improved rental income, but should note that tenant screening laws and policies must be complied with; and working with a well-qualified tenant screening agency remains a best practice.

A recent report by Freddie Mac suggests that more Americans than ever before see renting as a cheaper option than home ownership.  However, is renting really cheaper than purchasing a home?

From a recent Wall Street Journal posted article, October 16, 2018.

More than three-quarters of Americans now view renting as more affordable than owning a home, the latest sign that rising mortgage rates and higher home prices will continue to pressure home sales.

Some 78% of people now say that renting is more affordable than owning, according to survey data to be released Tuesday by mortgage company Freddie Mac.  That is up 11 percentage points from only six months ago.  wsj.com/articles/big-jump-in-americans-saying-renting-is-cheaper-than-owning-1539705295

There is evidence across the country of this trend.

In Springfield, Missouri renting had seemingly become the preference.

From OzarkFirst.com (Oct 17, 18):

According to a study by marketplace.org, renting and not owning is the preferred choice for people living in Springfield.

54.4% of people rent compared to 43.6% of people who are homeowners.

Of the nearly 140,000 households in Springfield, about 78,000 of them are renting compared to about 61,000 who own.

Over the past two years … has seen Springfield turn into a seller’s market for people looking to buy a home then rent it out or better known as investment properties.  ozarksfirst.com/news/more-people-choose-to-rent-not-to-own-in-springfield/1531904141

However, there are alternate opinions regarding ownership versus renting.

David Bach, noted money expert, suggests three reasons to rent in a recent interview on CNBC.com (Oct. 25, 18):

1.      You’re not staying put. “If you think you’re going to move in the next three years, you should not be buying a piece of real estate,” says Bach.

2.      You’re not sure about your job. If your employment situation isn’t stable or you’re living paycheck-to-paycheck, don’t buy a home, says Bach.

3.      You plan to have children and might need more space. “If you know you’re going to have kids and you think that will lead you to needing a bigger place, don’t rush and buy a small place. A growing family could require you to move in a few years,” says Bach.  cnbc.com/2018/10/25/david-bach-explains-when-you-should-rent-a-home-instead-of-buy.html

Regardless the reason to rent or not to rent, by all appearances rental demand continues to increase.  And with the increase in rental requirements landlords and property managers should work with a well-qualified tenant screening agency in order to stay fully compliant with law.

A professional tenant screening agency can provide the necessary tenant background checks to landlords and property managers as well as to assist them in creating compliant tenant screening policies which help them avoid discrimination.

To learn more about why renting may be a better living solution than purchasing a home and why maintaining proper tenant screening policies is extremely important read recent TenantScreeningUSA.com press release:  Is Renting Cheaper than Purchasing a Home? Tenant Screening Could be Changing; Opines TenantScreeningUSA.com

Administration of a successful rental property is a tremendous undertaking, one fraught with a variety of pitfalls, challenges, and, potentially, reward.  Across the country there are a number of laws governs how rental properties operate, from zoning to the use of tenant screening reports.  One significant potential legal battlefield involves evictions.

Evictions are an everyday part of the rental experience, one that is as big a challenge as one can get, but it is an important tool utilized by landlords and property managers, specifically in removing individuals that run afoul of contractual and legal obligations.

Evictions must be conducted in a legal and lawful manner.  Failure to do so could result in legal action.

In Springfield, MA owners of a rental property faced a legal challenge with tenant screening policies.

From masslive.com (Oct 04, 18):

A judge’s finding that the owners of a State Street apartment building discriminated against three tenants who were participating in a substance use recovery program sends a message to other landlords, said the executive director of the agency that filed the complaint.  masslive.com/news/index.ssf/2018/10/court_discrimination_ruling_se.html

Across the country tenants, courts, and landlords feel the pain.  In Mississippi, everyone involved feels the pain as the courts cycle through thousands of evictions.

From DJournal (Oct 01, 18):

Justice courts serve as Mississippi’s first step of the judicial system, and hear small-claims civil cases, such as misdemeanor criminal cases and some traffic offenses. These are not courts of record, most defendants are not represented by counsel and the judges are elected locally. But, they are efficient. And it’s here where most evictions in Jackson land.

Mississippi ranks eighth in the nation for evictions, according to the Eviction Lab, a Princeton-based research team that compiled every eviction record in the country from 2000 to 2016. And Jackson ranks fifth highest for cities with 100,000 people or more.  djournal.com/mississippi-today/repeat-evictions-take-toll-on-tenants-justice-courts-and-landlords/article_f7331742-340a-597f-aab0-f0d4bb41a06f.htm

It remains clear that evictions will remain highly contentious and lawsuits will continue over legal and lawful use.

In Huntsville, Alabama a group of tenants brought suit against a support group that provided housing.

From WAFF.com (Oct 01, 18):

A local group is slapped with a lawsuit after tenants receive questionable evictions.

And it goes deeper; these same tenants contacted WAFF to highlight the living conditions at their apartment complex in Huntsville and the group over it, promising to bring people in off the streets.  waff.com/2018/10/02/huntsville-group-slapped-with-lawsuit-over-evictions/

The tenants involved in potential legal action had been served with a 24-hour eviction notice, which is illegal in Alabama.

Regardless of the rental situation, evictions will occur.  And there is definitely a right way and a legal way to conduct an eviction.  Ultimately landlords and property managers must comply with all laws governing the eviction process.  Failure to do so could result in a lawsuit.  A best practice remains for all landlords and property managers to work with a well-qualified third-party tenant screening agency in order to remain fully compliant with law.
To learn more about the continuing challenges with evictions in the USA and why it is so important that landlords remain legally compliant during the eviction process read recent TenantScreeningUSA.com press release:  Evictions: Always a Challenge with Landlords and Property Managers

First things first…  What exactly is a bad tenant?  Obvious bad tenants are those that break all rules.  Loud music into the night, dealing drugs, rude or inappropriate behavior can all label someone a bad tenant.  However, a true bad tenant might be that individual that fails to vacate a property after eviction.  One whose behavior is so disruptive that a landlord or property manager has no alternative but to evict is undeniably a bad tenant.

Evictions are always a challenge, regardless the situation.  A very quiet and seemingly normative family may fall vastly behind on rent and force an eviction or you have those truly bad tenants that are so disruptive a landlord is forced to evict.  The key, obviously, is to prevent eviction from occurring in the first place but that can be a challenge in its own right.

Maintaining a safe and secure property is certainly key in preventing bad tenants.

A landlord in San Bernardino recently faced the challenge of bad tenants when a gun fight broke out which injured eight people.

From ABC7.com (Sep 07, 18):

Lawhead said violence in apartment buildings is a problem all across the city. It’s a problem the department is now making a top priority by strengthening their crime-free, multi-housing plan.

He said it starts with the landlords.

“We have a number of property owners that do the minimum. We shouldn’t have to come in and tell you who your bad tenants are, you should be doing good enough work on the front end to identify your bad tenants and get them out of the complex,” he said.  abc7.com/san-bernardino-police-focus-efforts-on-apartments-after-recent-shooting/4178176/

Creating a safe environment for existing and potential tenants goes a long way.  A property with 24-hour security and surveillance could greatly reduce certain bad tenants.

Yet, evictions are often difficult for landlords especially with bad tenants.

In Washington DC a rash of bad tenants continues to frustrate local landlords and the good tenants.

From WashingtonTimes.com (Aug 30, 18):

…attorney Emilie Fairbanks, who specializes in landlord-tenant issues, said it’s a “fault of D.C. law” that bad tenants are difficult to evict. Not even restraining orders or criminal convictions can expedite the eviction process, which can take up to a year, she said.

Dorene Haney of the law firm Nathan A. Neal & Dorene M. Haney noted that D.C. law allows problem tenants the opportunity to mend their ways before being evicted. An eviction can be halted if a tenant ceases his or her disruptive or non-compliant behavior within 30 days of being served an eviction notice by a landlord, she said.  washingtontimes.com/news/2018/aug/30/dc-residents-have-little-help-in-dealing-with-bad-/

In light of all this the question remains…  What can a landlord or property manager really do to solve the issue of bad tenants?

The answer is…  It may be impossible to completely eliminate bad tenants.  But prevention may be possible.

It is recommended that landlords work with local police in creating a safe environment for a rental property, create a professional and compliant process for vetting potential tenants, and providing regular and standard upkeep to a property.

Additionally, a thorough tenant background check one with reference checks, eviction record checks and criminal background checks review would greatly benefit the tenant selection process.  And working with a well-qualified tenant screening agency remains a best practice for that process.

To learn more about what makes a tenant a bad tenant and how to resolve issues with bad tenants read recent TenantScreeningUSA.com press release:  Bad Tenants Will Always Challenge Landlords and Property Managers

Seattle’s City Attorney’s office has appealed a recent ruling over the city’s “First-in-time” law which governs how landlords can accept qualified candidates into rental units.  “Seattle’s “First-in-Time” law created confusion for landlords when originally passed, greater concern when overturned, and now the City Attorney’s appeal further highlights the need for landlords and/or property managers to work with a well-qualified third-party tenant screening agency in order to avoid additional confusion and stay compliant with all existing law.

The City Attorney in Seattle appealed a recent ruling regarding that city’s “First-in-Time” law.  The action in Seattle regarding who can and cannot be rented to, based on the “First-in-Time” law, has created confusion among landlords and this activity highlights an immediate and urgent need for landlords to work with a well-qualified tenant screening agency in order to remain compliant with law and avoid further confusion.

In March 2018 the City of Seattle’s “First-in-time” law was ruled unconstitutional by a Superior Court judge.

From Tribune News Service as reported on Governing.com (Mar. 29, 18)

Seattle’s law requiring landlords to choose among qualified applicants on a first-come, first-served basis violates the state constitution, a judge ruled Wednesday.

Adopted by the City Council in 2016 and in effect since last year, the groundbreaking law “has a laudable goal of eliminating the role of implicit bias in tenancy decisions,” King County Superior Court Judge Suzanne Parisien said in a written ruling.  governing.com/topics/urban/tns-seattle-rental-discrimination-judge.html

Laws such as the one in Seattle can cause a great deal of confusion among landlords and/or property managers and highlight an urgent need for landlords across the country to work with a well-qualified third-party tenant screening agency to remain fully informed and compliant with existing laws governing tenant background checks as well as laws related to tenant screening.

In May 2018 the Seattle City Attorney appealed the reversal of the “First-in-line” law.

From Seattle.Curbed.com (May 10, 18):

After a year tied up in court, Seattle’s “first-in-time” law, which requires a landlord to accept the first qualified applicant to live in a rental property, was overturned in late March—and today, the Seattle City Attorney’s office appealed that ruling.  seattle.curbed.com/2018/5/10/17340790/first-in-time-law-appeal

The original legislation passed in 2016 based on suspected improprieties with tenant screening and the appearance of discriminatory practices.

From Seattle.Curbed.com (May 10, 18):

The first-in-time law was initially passed in August 2016 to combat implicit bias resulting in housing discrimination. In 2015, the city’s Office for Civil Rights (OCR) conducted a sting of rental properties, submitting applications 97 times focusing on three different groups protected by Seattle housing law. ibid

Tenant laws are often complex and challenging.  Staying compliant is critical for all landlords and property managers.  A best practice always remains for landlords to work with a tenant screening agency and, now more than ever, as highlighted by the Seattle rulings, the time is now to have a full review of tenant screening policies.

To learn more about Seattle’s “First-in-time” law and the confusion surrounding its multiple alterations along with why it is wise for all landlords to partner with a professional tenant screening agency read recent TenantScreeningUSA.com press release:  Seattle’s “First-in-Time” Rulings Highlight Urgent Need for Landlords to Work with Tenant Screening Agency; Opines TenantScreeningUSA.com

Although a rental property is not owned by a tenant, expectations of privacy remain sacrosanct.  Tenants have expectations on who can enter a rental unit and an understanding of why someone may gain access to the property while the renter is not home.

Privacy is critically important to a renter but there may be legitimate reasons a property can be accessed without the renter’s presence.

From thebalancesmb.com (May 01, 18):

Under landlord tenant law, the landlord is allowed to enter a tenant’s rental unit for issues related to:

• The maintenance of the property.

• The sale or rental of the property.

• Safety or health concerns.

• When granted the legal right to by a court of law.

thebalancesmb.com/a-landlord-s-right-to-enter-rental-property-2125097

It is incumbent on the landlord and/or property manager to maintain and respect the privacy of a renter, as well as the security of personal property within the rental unit.

Oftentimes renters do not have a clear understanding of what maintenance responsibilities are placed upon the renter and those placed upon the landlord or property owner.

It is imperative that all maintenance people are thoroughly background checked prior to entering into a rental property and this must be the responsibility of the landlord.   Just as a tenant background check is a critical tool in vetting a renter, background screening or confirming background screening of maintenance crews is just as important.

From LettingAgentToday.co.uk (May 01, 18):

A new survey of tenants suggests many know little about essential maintenance of their property, and often fail to check the professional credentials of tradespeople.  lettingagenttoday.co.uk/breaking-news/2018/4/survey-finds-many-tenants-dont-check-tradespeoples-credentials

Checking a background on anyone entering a rental property should be of paramount importance.  Failure to do so could prove dangerous.

Landlords must provide advanced notice for entry into a rental unit as well as conduct entry during typical and normal operating hours.

In Charlotte, North Carolina residents of an apartment complex have concerns about maintenance personnel entering rental units.

From WSOCtv.com (Nov. 03, 17):

They said with the high cost of rent, $1,700 to $2,200 monthly per unit, they thought they were pricing themselves out of certain security problems.

But, they said valuables have been disappearing from apartments and the staff is not responding to their complaints.  wsoctv.com/news/apartment-maintenance-workers-criminal-past-raises-residents-concerns/637319997

Ultimately a landlord must create a safe environment for tenants and manage who goes into a rental property.  Just as a landlord conducts tenant screening on all applicants, maintenance personnel should be background checked as well.

Background screening on maintenance personnel should include:

• Criminal Background Checks
• Sex Offender Registry Review
• Social Security Number Trace with Address History

Investigating the claims of the residents of the Charlotte apartment complex a local news agency made some startling discoveries regarding maintenance personnel.

From WSOCtv.com (Nov. 03, 17):

A Channel 9 investigation uncovered that … served prison time in California for second-degree burglary and defrauding an innkeeper.  ibid

Knowing that maintenance personnel and others that get access to a tenant’s private apartment could be thieves or criminals makes it paramount that all individuals given access to an apartment are properly background checked by the landlord or property manager before access is granted.  Furthermore, landlords and property managers should work with a well-qualified tenant screening agency for all apartment applicants and use a well-qualified background screening agency for vetting of maintenance personnel.

To learn more about who can enter a private apartment as well as why they are allowed in; and how background screening of maintenance people and others given access to the apartment remains essential read recent TenantScreeningUSA.com press release: Entering a Rental Property; Who and Why