If a property owner asks me for a tenant reference, what can i say legally?

Most Popular Reply

Property Manager · DE · Member since 2023 · 248 posts · 133 votes
2y
Quote from @Rob Heim:

One of my old tenants is moving into a new apartment and the property owner is asking me about him.  I dont know what I can leagally say?

Thank you,

Rob

Before you answer any questions ask to see a rental release form that your tenant signed giving permission for you to share the information!  Otherwise you are violating privacy rules 
See this reply in the discussion

8 Replies

Jump to latestLatest
  • Developer · Charleston, SC · Member since 2015 · 100 posts · 91 votes
    2y

    I am not aware of any privacy laws regarding what can and cannot be shared, but the best advice I can suggest is to only provide information that can be supported with written evidence. No feelings, thoughts, etc.

  • Property Manager · DE · Member since 2023 · 248 posts · 133 votes
    2y
    Quote from @Rob Heim:

    One of my old tenants is moving into a new apartment and the property owner is asking me about him.  I dont know what I can leagally say?

    Thank you,

    Rob

    Before you answer any questions ask to see a rental release form that your tenant signed giving permission for you to share the information!  Otherwise you are violating privacy rules 
  • Member since 2024 · 4 posts · 3 votes
    2y
    Quote from @Tim Bratz:

    I am not aware of any privacy laws regarding what can and cannot be shared, but the best advice I can suggest is to only provide information that can be supported with written evidence. No feelings, thoughts, etc.


     Thank you Tim!

  • Member since 2024 · 4 posts · 3 votes
    2y
    Quote from @Laura Stayton:
    Quote from @Rob Heim:

    One of my old tenants is moving into a new apartment and the property owner is asking me about him.  I dont know what I can leagally say?

    Thank you,

    Rob

    Before you answer any questions ask to see a rental release form that your tenant signed giving permission for you to share the information!  Otherwise you are violating privacy rules 

     Thank you Laura!

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    Stick to the facts and you will be fine.  How long he's been there, if rent was paid on time, did he take care of the place, etc.

  • Member since 2024 · 4 posts · 3 votes
    2y
    Quote from @Theresa Harris:

    Stick to the facts and you will be fine.  How long he's been there, if rent was paid on time, did he take care of the place, etc.


     Thank you Theresa!

  • Real Estate Professional · Newton, KS · Member since 2016 · 44 posts · 36 votes
    2y

    Anything without emotion or discrimination - facts only. On time payments, late fees, damages, pets, who lived there, dates, amount of rent, and the secret weapon only if they ask (would you rent to them again?) must be a simple yes or no. 

  • Investor · Fort Washington, MD · Member since 2014 · 1k+ posts · 1k+ votes
    2y

    If it exists, I´ve never heard any guidelines on what a person can legally say regarding a reference check. 

    Seems like if you just stick to the relevant facts how could it be a problem? They didn´t pay rent. They destroyed property. They were great tenants. 

    I have never heard of anyone have a problem with this, but to me id just make sure I didnt sway into petty personal stuff or discrimination. I´m not capable of certain things because I dont have a mentality for it however, Id steer clear of stuff like: 

    ¨They were welfare savages¨

    ¨Boarder jumpers probably trafficking kids¨

    ¨disgusting pride flags everywhere¨

Join the conversationCreate a free account to reply, vote on answers and follow this thread.