Investor · Wichita Falls, TX · Member since 2014 · 382 posts · 123 votes
I started using a rental criteria check list. I have modified it, but one area I just need opinions on.
There is this criteria about breaking the lease from the previous landlord,
If you are currently under lease with another landlord and will be breaking that lease (or if you have not given your required notice to vacate to your previous landlord) to rent our property, your application will be denied. If any of these actions were taken by a previous landlord this may be grounds to deny your application. If you are currently working with your landlord regarding your relocation, we will process your application. We want to ensure your prior landlord is aware of your pending move.
I added the last line about working with the landlord. How does it sound?
Should I take out the denial of breaking the lease? If the tenant is working with the landlord in breaking the lease, due to job transfer or other reason, and they are in agreement, should I even bring that up?
Rental Property Investor · Carrollton, TX · Member since 2013 · 750 posts · 538 votes
9y
Our selection criteria simply references (among other things) that an applicant may be rejected for any lease violations in their current or past leases. The situation you describe would be a lease violation (at least as defined in our lease).
I would add that we use a leasing agent that works with the Texas Assoc. of Realtors form, and there is a check box there that asks whether the applicant has ever breached a lease or rental agreement.
Investor · Edison, NJ · Member since 2016 · 31 posts · 15 votes
9y
Why not just make it your policy to not rent to people who have negative feedback from their current / past landlords? If they violate their lease (breaking it without landlord written permission), you'd find out when you call references. People break leases all the time for legitimate reasons (as you mentioned), but they can work with their landlord to terminate or assign their lease with landlord's written permission. I recently got engaged and am doing this myself right now.
BTW, as a general rule I would avoid getting too creative with what you put in your lease and how you pick tenants. In a lot of landlord friendly states, you may find yourself on the wrong side of fair housing laws.
Never discriminate. Always have a lawyer review your documents. Protect your assets.
Investor · Wichita Falls, TX · Member since 2014 · 382 posts · 123 votes
9y
Thanks for the advice! This is the sheet we give to individuals who call, after they read through the criteria and they want to proceed, they get an application. It has info such as 3 X rent, no prior evections ect.
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y
Read up on your landlord tenant laws for your state.
The type of language in your application re breaking lease is just plain unnecessary. Basic terms, basic criteria, don't get yourself wrapped in things that don't make sense.
Basic ,, like occupancy per unit number of people, over the age of 21, X times 3 income for the rent, verifiable source of income, verifiable ID, credit score over XXX, criminal no felonies in past 7 years - if you can still use those guidelines, and no evictions for past X years,,.. if you verify previous landlords good luck, it's not usually done much anymore as landlords without written authorization are usually not willing to risk saying anything, it drags the process out and with the online checks for credit and criminal it's not much a standard anymore.
Your applicants do not need to know all the details of your screening policy and it may be to your advantage that they do not know. When they know what to lie about it only makes your job more difficult.