Spanish speaking tenants - English or Spanish Leases ?

Question

Hi BiggerPockets Landlords,

I just picked up a small fourplex in rural CA and after speaking to two of the tenants already on the phone, one speaks no English, so a child was translating for me.  The news coming back was that her apartment was full of spiders (black widows) and cockroaches....

One of the last buildings I bought had similar problems and I have subsequently cured it with Pest Control.

It appears that the other two tenants that I have not spoken to are Hispanic too.

My question for you all is should I be making any effort to supply these people with Spanish language documents, i.e. Leases and other such paperwork or do you do all your business in English ?

Personally I speak a little Spanish, I can order a meal in a restaurant, drink in a bar etc...

I can also use Google Translate etc. pretty well....

We have other Spanish language tenants in different buildings and they all get English leases and we have never had an issue, even when it was time to go to court.

Does anybody do Spanish paperwork ?

Thx,

Ian

Mitch Messer · Answer

Hi @Ian Thompson. I don't recommend you translate all your leasing documents to Spanish: The courts won't know what to do with them.

I do recommend you invest in a Spanish-speaking attorney to do your lease signings. Make sure the attorney understands all your documents.

Then, consider adding a single one-page document, Spanish in the top half, English on the bottom, that affirms the tenant has reviewed all the documents, understands them, and has had the opportunity to ask the signing attorney any questions. Have the tenant sign either the Spanish or English section, depending on their language comfort level.

Also, I recommend you either use a property management company that speaks Spanish or hire a bilingual virtual assistant to accommodate your Spanish-speaking tenants.

Good luck!

Fred Heller · Answer

Here in Texas TAR provides a courtesy Spanish translation of the residential lease, but it states very clearly that it can not be used in lieu of the English language version and is not a legally binding contract.

JD Martin · Answer

I wouldn't do anything except English, and my reasoning for that is this: courts in the United States function in English. Legal documents and rulings are all in English. There are subtle ways in which translations can completely change the meaning of a paragraph or a document, and if you are not fluent in the language to which you are translating you can create something that means something else to anyone fluent in that language. Thus, I would require that the person speaking the "foreign" language obtain their own interpreter who was fluent in both languages.

Kyle J. · Answer

@Ian Thompson The answer to this is going to vary state-to-state, so you need to know the law in California.  In California, here's what the law says:

A landlord and a tenant may negotiate primarily in  Spanish, Chinese, Tagalog, Vietnamese or Korean for the rental, lease, or  sublease of a rental unit. In this situation, the landlord must give the tenant  a written translation of the proposed lease or rental agreement in the language  used in the negotiation before the tenant signs  it. This rule applies whether the negotiations are  oral or in writing. The rule does not apply if the rental agreement is for one  month or less.

The landlord must give the tenant the written  translation of the lease or rental agreement whether or not the tenant requests  it. The translation must include every term and condition in the lease or  rental agreement, but may retain elements such as names, addresses, numerals,  dollar amounts and dates in English. It is never sufficient for the landlord to  give the written translation of the lease or rental agreement to the tenant  after the tenant has signed it.

However, the landlord is not required to give the tenant a written translation of the lease or rental agreement if all of the following are true:

~ The Spanish-, Chinese-, Tagalog-, Vietnamese-, or Korean-speaking tenant negotiated the rental agreement through his or her own interpreter; and

~ The tenant's interpreter is able to speak fluently and read with full understanding  English, as well as Spanish, Chinese, Tagalog, Vietnamese or Korean (whichever was used in the negotiation); and

~ The interpreter is not a minor (under 18 years of age); and

~ The interpreter is not employed or made available by or through the landlord.

(Source: http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml)

Keith A. · Answer

This is the U.S.  Courts operate in our English language. If they can't read it then they need to hire someone to help them read it. But chances are you are leasing to someone without a SSN and exposing yourself to tremendous risk by not being able to check their background.

Virginia Welch · Answer

Spanish Lease Form for Texas please

Spanish speaking tenants - English or Spanish Leases ?

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