Legal questions to ask when checking references

Legal questions to ask when checking references

General Contractor · Steamboat , CO · Member since 2009 · 14 posts · 0 votes

Often when I’m checking references on a prospective tenant the old landlord is very tight lipped about giving any information stating legal reasons. I seem to get “I can only tell you whether or not I would rent to this person againâ€. What are some good questions that can be asked and answered legally? Seems like they should be able to state if the person paid rent on time or did any damage to the unit.
Any suggestions would be appreciated.

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Real Estate Investor · Tampa, FL · Member since 2008 · 456 posts · 42 votes
17y

I thought I would provide a little insight as to why you get responses such as this. It is typically when you call for a reference from a large apartment complex owned by a sizable corporation. This is the standard reply managers have been told to give because there have been instances where a person has been denied employment, housing, loans, etc. due to responses given by a so-called reference that have resulted in legal action against the respondent or their employer. It is not worth the time and legal costs that they may be subjected to for providing further information.

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  • Flipper · Phoenix, AZ · Member since 2009 · 973 posts · 679 votes
    17y

    It's my understanding that they can answer any question that can be independently verified.
    ie:
    How long was the tenancy? (found in lease)
    How much did they pay? (found in lease)
    Did they pay on time? (found in landlord records)
    Did you keep their security deposit? (found in landlord records)

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  • Real Estate Investor · Tampa, FL · Member since 2008 · 456 posts · 42 votes
    17y

    I thought I would provide a little insight as to why you get responses such as this. It is typically when you call for a reference from a large apartment complex owned by a sizable corporation. This is the standard reply managers have been told to give because there have been instances where a person has been denied employment, housing, loans, etc. due to responses given by a so-called reference that have resulted in legal action against the respondent or their employer. It is not worth the time and legal costs that they may be subjected to for providing further information.

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  • Real Estate Investor · OH · Member since 2008 · 4k+ posts · 1k+ votes
    17y


    That is total b.s. and shows that the landlord you're talking to is weak. The truth is that the old landlord is nothing but a spineless wimp. When landlords call me about a previous tenant, I tell them exactly what I know about the tenant. If the tenant was a low-life, deadbeat, scumbag that didn't pay the rent and was shacking up with her convicted felon boyfriend who was dealing drugs and wasn't supposed to be on the lease - I SAY SO!

    Landlords need to grow a spine and stop being victims! We are NOT victims and it's high time we stand up and let the tenants know that! I guarantee you that every one of my tenants knows that if they act like a moron, I'll evict them and I'll let everyone in town know that they're a moron!

    Mike
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  • General Contractor · Steamboat , CO · Member since 2009 · 14 posts · 0 votes
    17y

    I understand the legal reasons that Karin brings up but there has to be more information that landlords can share with each other without being scared of a lawsuit. Mike, I wish more people I talked to were honest like you! When people call me for a reference I don’t get into personal details but have no problem telling them if the rent was paid on time or if they did damage to the unit. I guess no one is required to give any information if they don’t want to but I’m still looking for any ideas to pry more details out of a person when I get that tight lipped response.

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  • Real Estate Investor · St. Louis, MO · Member since 2008 · 443 posts · 91 votes
    17y

    It may be a good thing if they are tight lipped. That may mean they were good tenants. It’s a tough call. If they can tell you if they would rent to them again that is a good start.

    Brian Haskins
    [WEB SITE REMOVED]

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  • Brian LevredgePro Member
    Investor · Chattanooga, TN · Member since 2009 · 1k+ posts · 903 votes
    17y

    That's why it's always a good idea to contact previous land lords before to the most recent one. Too many times, the current land lord is trying to unload a problem and will give a BS answer/non answer. Older land lords don't have the same issue and will speak a little more freely.

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  • Investor · Middletown, NJ · Member since 2008 · 2k+ posts · 1k+ votes
    17y

    When I've talked to most previous landlords, they are all too happy to vent about the tenant! And if anyone calls me about my recently evicted tenant, they wouldn't rent him a cardboard box.

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  • OR · Member since 2008 · 1k+ posts · 845 votes
    17y

    You can't make them answer.

    With the larger complexes, you are often talking to a minimum wage employee; no wonder they are instructed to not answer questions.

    Check the prior landlord.

    If your market is slow and you are hoping to qualify the tenant, go over and talk to the neighbors. You'll be surprised about how they blab-- no secrets with the neighbors, and no sense of privacy. They will tell all.

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  • Real Estate Investor · North Carolina · Member since 2008 · 1k+ posts · 483 votes
    17y

    I get those tight-lipped spineless landlords once in a while and my fall back question is: Would you rent to this person again?

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