Monday, November 25, 2013

A LANDLORD IS LIABLE FOR FAILING TO PROTECT THEIR TENANT…


Criminal behavior is generally viewed as an unpredictable event, and therefore, outside of a landlord’s control. Courts have consistently ruled that it is unjust to hold a landlord accountable for failing to prevent a crime. However, recently an Ohio Appellate Court did just that when they found a landlord liable for failing to protect their tenant from a violent crime.

In this case, the victim’s complaints against another resident’s un-leased roommate were ongoing and the lack of an appropriate response led to a verdict of negligence. The manager of the apartment complex listened to the victim’s repeated complaints of harassment and advised her to file a report with the police. As the situation escalated, the manager requested that the other resident’s boyfriend, against whom the complaints were being filed, complete a rental application and submit to a background check. The manager did not perform a criminal records search with the information collected on the submitted application, but did deny tenancy based on the fact that the boyfriend’s credit report did not meet the facility’s standards. The manager did not follow-through with an eviction.

The boyfriend was still living at the apartment complex when he broke into the victim’s unit and then proceeded to beat and rape her in the presence of her young child. He was ultimately sentenced to nine years in prison. A civil suit against the apartment complex will proceed to trial before jury.

A great deal can be learned from this tragic case. As a landlord it is fundamental that you are available to assist in the removal of any potential safety threat. This process begins with an initial, consistent, and thorough screening process. At RSI we advise all of our clients that criminal history, credit history, eviction history and Social Security verification are essential to screening potential tenants. Additionally, anyone over the age of 18 living on the rental property should be screened—no matter what extenuating circumstances may come into play. Required criteria for approved residency should be well outlined and these standards should be upheld consistently either through denied tenancy or, when necessary, eviction.

For more information on establishing rental criteria and good tenant screening practices visit the Rental Services, Inc. website at: www.erentalservicesinc.com 

Tuesday, November 5, 2013

How to Create a GOOD Rental Application…

The first step in obtaining a good tenant for your rental property is to procure a good rental application. There are several questions that are, essentially, required on every application in order to perform the most basic background check:

-Full Legal Name (spelled correctly) and any aliases

-Date of Birth

-Social Security Number

-Current Address and Phone number

A good rental application will also cover the following areas:

-Contact information for the applicant’s current and previous landlords. Additionally, they should be asked to include information about when they lived at that address, the rent amount paid and reason for leaving.

-Contact information for the applicant’s current and previous employer. Additionally, they should be asked to include information about dates of employment, salary earned or hourly wage, and whether they were (or are) working full or part-time.

-Information on any other occupants who will reside on the property including their name and age.

-Information on any Criminal or Felony Charges

-Information on any Evictions

-Information on any Bankruptcies

-Whether or not they are a registered Sex Offender

An authorization of release will be required to run any background check on the applicant(s). This authorization should state that permission has been given to screen credit reports, character information, verify rental history, employment history, bank information, public records and personal references as necessary to authenticate information set forth in the application. It should be signed and dated by the applicant.

After receiving an application, be sure to check that the form is completely filled out. You should also cross reference the information provided with the applicant’s photo ID (in addition to confirming that the ID photo matches the applicant). Inaccuracies or wrongly entered information could delay the screening process or signal a red-flag about the applicant’s honesty.

For a free sample of a great rental application, visit www.erentalservicesinc.com