Tenant referral; what can/cannot I say?

Question

I'm curious as to what I can/cannot say in a tenant review with a new landlord. I know it can get you in a tough spot if you say the wrong bad things about an employee to a new employer - how does it pertain to tenants good and bad?

Do I simply answer a new landlords questions with 'yes' and 'no' or do I go into details?

Account Closed · Answer

Just confirm the facts, when the tenant lived there, what they paid, and how many times they were late. When you are asked if you would rent to that tenant again, say you would need a new background/credit check before deciding as situations change.

Mindy Jensen · Answer

@Steven J. , you can give facts. If you have records (and you should have records for any tenant) then you say "Bob Jones lived in my property at 123 Main St. from January, 1998 - May of 2005. They paid $900 a month rent during their last year, they paid late once in January of 2003. I would not rent to them again, they were not quiet and I had 6 complaints from other tenants during the course of their tenancy."

You should not say, "I think they were drug dealers, but I never caught them doing anything wrong."

Thomas S. · Answer

When a landlord calls me about a tenant I tell them everything they want to know, I would expect the same when I call a previous landlord. The communication is verbal, it is hearsay and can not be held against you.

I will advise a landlord as to whether they should or should not rent to someone based on the experience I had with that tenant. If you are not willing to do that then there is no point in landlords calling previous landlords as part of screening. If landlords are going to be evasive, vague or avoid being honest what is the point in screening.

Jeff B. · Answer

Because of a bad experience with the tenant, the Current LL will sometimes tell you what you want to hear.  I even caught one reference who wasn't the LL at all but just a friend trying to help a friend.  This is why you need TWO prior residences - - the one two locations back has no need to expel the bad apple and will tell you the truth.

Account Closed · Answer

I'm not going to waste my time finding case studies for you. The fact remains, you cannot just say anything you want about anybody if it is not true. Its called slander and defamation. If you prevent somebody from getting the unit they wanted with your phone call by making false statements, they might just come after you if you said the wrong things. Don't assume just because it's verbal it can't be used against you, and may well have been recorded.

And no, it's not legal to be racist when you are a landlord. You can easily have a restraining order placed against you for that. In the united states, that means you lose your right to own a firearm, among other things. Not sure about Canada, but I don't really care either.

Based on the restraining order I was just granted, If I was black and my landlord called me the N word, I could get a restraining order based solely on that. For that matter if they called me a white cracker I could probably do the same. It's alarmingly easy to get a restraining order, and, nothing you say has to be proven.

Thomas S. · Answer

@Mindy Jensen

Correct. You can provide any information that is the truth (try proving otherwise) and you may offer your opinion as to whether they are a good tenant based on your personal experience with that tenant. You may provide full first hand details. You may honestly answer any direct question you are asked. You should not slander by telling a untruth or making statements of assumptions that you do not infact know are true.

If I have a bad tenant I tell the next landlord they should not, in my opinion, rent to them. I give reasons.

Account Closed · Answer

And this is what you fail to understand: You cannot just say whatever you want. First, it has to be truthful. Then you need evidence to back it up. If you say bad things about somebody without evidence to prove it, you could be sued for slander or defamation. And yes, in some circumstances it is considered a hate crime (criminal offense) to use racial slurs against your tenants. It's not legal to be racist when you are a landlord.

Try explaining those racial slurs to the judge. It won't go very well.

Account Closed · Answer

It would be taken very seriously if you said the wrong things. Say a minority tenant is trying to get a new place, and the landlord calls you, and you say "no way, don't rent to that guy, he's a dumb (racial slur) and his friends are all gay!"

In that situation, it's very likely that you could get sued. You can't just say whatever pops into your head, even if you *think* what I said above.

Also, it's not hearsay if the conversation was recorded or there was another witness.

Account Closed · Answer

LOL! Anything you say can and will be used against you. Can and will! You'd be surprised how strong "hearsay" can be. I recently received a restraining order against a tenant based entirely on hearsay. The judge granted my order without even speaking with me. The same tenant will likely be arrested for burglary, as a result of nothing but circumstantial evidence. No direct evidence is required by the courts.

Also, my phone is set to record all phone calls automatically, just in case I need them. Your hearsay can easily be recorded and saved by the other party. Additionally, verbal contracts/agreements are considered valid in many places.

Verbal communications very much can be held against you.

Thomas S. · Answer

Now you are becoming ridicules. I don't know what world of fear you live in but it must be really scary there. Do they still burn books.

Provide us with a actual case study to support any claims you are making. Beyond the most extreme example of some crazy lunatic landlord you will not find any.

U.S. First Amendment.

Tenant referral; what can/cannot I say?

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