New landlord- pre-screen questions
Rental Property Investor · Bonne Terre, MO · Member since 2016 · 11 posts · 0 votes
New landlord- pre-screen questions
Most Popular Reply
Broker · Phoenix, AZ · Member since 2015 · 351 posts · 273 votes
8yMany here have suggested asking about felonies. Be aware that in 2016 HUD issued a new guidance, telling landlords and home sellers that turning down tenants or buyers based on their criminal records may violate the Fair Housing Act. Mid-America Apartments is currently being sued for refusing to rent to anyone with a felony conviction.
People with criminal records are not a protected class under the Fair Housing Act, but blanket policies of refusing to rent to applicants with a felony record are de facto discrimination according to HUD. Instead, landlords should have a written policy that takes into consideration what the crime was and when it happened, as well as other factors, to reduce the discriminatory impact. This policy must be applied to all applicants. (The only exception is if a conviction was for manufacturing or distributing illegal drugs.)
From The Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions:
2. Exclusions Because of Prior Conviction
In most instances, a record of conviction (as opposed to an arrest) will serve as sufficient evidence to prove that an individual engaged in criminal conduct. But housing providers that apply a policy or practice that excludes persons with prior convictions must still be able to prove that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. A housing provider that imposes a blanket prohibition on any person with any conviction record – no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then – will be unable to meet this burden. One federal court of appeals held that such a blanket ban violated Title VII, stating that it “could not conceive of any business necessity that would automatically place every individual convicted of any offense, except a minor traffic offense, in the permanent ranks of the unemployed.”
Although the defendant-employer in that case had proffered a number of theft and safety-related justifications for the policy, the court rejected such justifications as “not empirically validated.” A housing provider with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary to serve a “substantial, legitimate, nondiscriminatory interest.” To do this, a housing provider must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not.
A policy or practice that fails to take into account the nature and severity of an individual’s conviction is unlikely to satisfy this standard. Similarly, a policy or practice that does not consider the amount of time that has passed since the criminal conduct occurred is unlikely to satisfy this standard, especially in light of criminological research showing that, over time, the likelihood that a person with a prior criminal record will engage in additional criminal conduct decreases until it approximates the likelihood that a person with no criminal history will commit an offense. Accordingly, a policy or practice that fails to consider the nature, severity, and recency of criminal conduct is unlikely to be proven necessary to serve a “substantial, legitimate, nondiscriminatory interest” of the provider. The determination of whether any particular criminal history-based restriction on housing satisfies step two of the discriminatory effects standard must be made on a case-by-case basis.
Click here for the entire Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions
24 Replies
- Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes8y
Originally posted by @David Orrick:
What type of pre-screen questions do you ask potential tenants before showing your property ? I have my first rental ready and listed. What questions should I ask over the phone before even conside ring meeting a person. THANKS- Do you have any violent felonies?
- Have you ever been evicted before?
- What is your monthly income?
- Do you have any delinquent credit accounts or passed due bills?
- When would you like to move?
- Investor · Atlanta, GA · Member since 2013 · 47 posts · 22 votes8y
@David Orrick SmartMove through Transunion has been my tool for tenant screening. It shows previous evictions as well as background info.
@James Wise questions are essential as well.
- Rental Property Investor · Bonne Terre, MO · Member since 2016 · 11 posts · 0 votes8yThanks a bunch to you both. I have already asked a few of these questions and eliminated one person. I'll check out the transition as well.
- Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes8y
How soon are you looking to move?
How long of a lease are you looking for?
How many people 18 or older will be living with you? Who else will live there?
Do you have any pets? If so, what kind, and how many?
Income? Credit?
The move in expenses will total $XXXX, will you be able to provide that at move in? (this is important so you don't waste your time screening and writing a lease only to find out that they don't have all the move in funds).
Will everyone who needs to make this decision be avaliable to view it with you when we meet?
- Boston, MA · Member since 2012 · 100 posts · 54 votes8yA big one for me is "Why are you moving?"
- Hayward, CA · Member since 2017 · 91 posts · 40 votes8yI usually don’t ask much questions unless someone send me a full application. I juts host open house and or per appointment. So t go for the eager ones who’s “ ready to move”. Tenants who tell me they need a month before moving in is a good sign for needing to give their current landlord proper notices. :) I sometimes would google their name and or check their social media accounts.
- Hayward, CA · Member since 2017 · 91 posts · 40 votes8yAnd to add, I asks for “ 1. Full application form filled, full credit report, proof of move in cost, proof of income(ex 2 most recent pay stubs) for everyone who will be living in the house that’s over 18.
- Investor · Saskatchewan , Saskatchewan · Member since 2017 · 311 posts · 233 votes8yHere is my auto responder. Should be noted, I have extremely targeted marketing. As specific as folks currently navigating a divorce... the goal isn’t to make the phone ring, it’s 2-3 qualified pre-screened applicants who want exactly what I have. This helps weed out the rest. Thanks for your inquiry about our unit for rent. Please complete and return the questions below and we will contact you to arrange for a viewing. Please note: viewings are by appointment only and only those who fill in the following information will be contacted to schedule a time to view this property. 1. When are you looking for a place to rent? 2. How long do you want to rent for? 3. How long have you been living at your current residence? 4. Do you have any pets? (Describe) 5. How many people (adults & children) will be renting this suite? 6. Have you already given your current landlord notice? 7. Please tell me about your job(each adult). Details are useful 8. If you are offered the unit, do you have the deposit (1st months rent) immediately available? 9. Are you just starting your search or have you been looking for a while? 10. Please provide your name, phone number and preferred email address. I will most likely communicate via email for convenience. Thank you,
- Rental Property Investor · Bonne Terre, MO · Member since 2016 · 11 posts · 0 votes8y
Thank you all so much. I have put together a pre-screen sheet with questions from everyone's input.
- Northern Virginia · Member since 2017 · 62 posts · 7 votes8y
@David Orrick, excellent thread. Do you mind sharing your sheet, once you are done with it? Thanks very much :)
- Rental Property Investor · Bonne Terre, MO · Member since 2016 · 11 posts · 0 votes8y
this is the list of questions I put together.
Potential Tenant Pre-screen Questions
How soon are you looking to move?
How long of a lease are you looking for?
Do you have any violent felonies?
Have you ever been evicted before?
What is your monthly income?
Do you have any delinquent accounts or passed due bills?
How long do you want to rent for?
How long you been living at your current residence?
Do you have any pets?
Do you smoke?
How many people (adults & children) will be renting this suite?
Have you already given your current landlord notice?
Please tell me about your job(each adult). Details are useful
If you are offered the unit, do you have the deposit (1st months rent) immediately available?
Are you just starting your search or have you been looking for a while? - Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes8y
We find when filling rentals of our own or for our clients that the pre-screen phone convo, text, or email is very important on multiple levels. The biggest thing is it will save you a bunch of time if done properly.
First and foremost, make sure you ask the same pre-screening questions to every tenant that inquires. This is critical so no one can say you were discriminating against them.
Here is an example of the pre-screening text/email we send people who inquire about apartments. If they call we say the same thing, just altered a little bit.
"You inquired in regards to a 2-bedroom apartment for rent at [rental address].
Any questions I can answer for you about the apartment?
Here are the landlords minimum requirements:- no previous felonies
- no previous evictions
- minimum 600 credit
- monthly combined take home income of (3x the monthly rent) minimum for the household"
From there they will ask their questions or disqualify themselves based on your pre-screening criteria.
- Northern Virginia · Member since 2017 · 62 posts · 7 votes8y
Thank you @David Orrick :)
- Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes8y
On a pre-screen.
(1) I verify their needs - how many bedrooms, location, how many vehicles, pets, when are they looking to occupy etc - to make sure there is a fit. Sometimes they read 50 ads and write down 15 numbers and by the time they call you they have already forgotten about your listing.
(2) Why are they moving?
(3) I require gross income to be 3X rent. OK with that?
(4) I require first, last and security on lease signing. OK with that?
That's basically it.
When I show the property if they are interested then I have them fill out an application and that's where I ask them about whether they have been served an eviction, if they have ever petitioned for a bankruptcy, if they have ever defaulted on a lease, if they have been convicted of a felony, employer, job title, start date, etc etc etc...and I let them know the filled application will be a part of the lease agreement and that any false declaration on there would be considered a lease violation.
- Broker · Phoenix, AZ · Member since 2015 · 351 posts · 273 votes8y
Many here have suggested asking about felonies. Be aware that in 2016 HUD issued a new guidance, telling landlords and home sellers that turning down tenants or buyers based on their criminal records may violate the Fair Housing Act. Mid-America Apartments is currently being sued for refusing to rent to anyone with a felony conviction.
People with criminal records are not a protected class under the Fair Housing Act, but blanket policies of refusing to rent to applicants with a felony record are de facto discrimination according to HUD. Instead, landlords should have a written policy that takes into consideration what the crime was and when it happened, as well as other factors, to reduce the discriminatory impact. This policy must be applied to all applicants. (The only exception is if a conviction was for manufacturing or distributing illegal drugs.)
From The Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions:
2. Exclusions Because of Prior Conviction
In most instances, a record of conviction (as opposed to an arrest) will serve as sufficient evidence to prove that an individual engaged in criminal conduct. But housing providers that apply a policy or practice that excludes persons with prior convictions must still be able to prove that such policy or practice is necessary to achieve a substantial, legitimate, nondiscriminatory interest. A housing provider that imposes a blanket prohibition on any person with any conviction record – no matter when the conviction occurred, what the underlying conduct entailed, or what the convicted person has done since then – will be unable to meet this burden. One federal court of appeals held that such a blanket ban violated Title VII, stating that it “could not conceive of any business necessity that would automatically place every individual convicted of any offense, except a minor traffic offense, in the permanent ranks of the unemployed.”
Although the defendant-employer in that case had proffered a number of theft and safety-related justifications for the policy, the court rejected such justifications as “not empirically validated.” A housing provider with a more tailored policy or practice that excludes individuals with only certain types of convictions must still prove that its policy is necessary to serve a “substantial, legitimate, nondiscriminatory interest.” To do this, a housing provider must show that its policy accurately distinguishes between criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not.
A policy or practice that fails to take into account the nature and severity of an individual’s conviction is unlikely to satisfy this standard. Similarly, a policy or practice that does not consider the amount of time that has passed since the criminal conduct occurred is unlikely to satisfy this standard, especially in light of criminological research showing that, over time, the likelihood that a person with a prior criminal record will engage in additional criminal conduct decreases until it approximates the likelihood that a person with no criminal history will commit an offense. Accordingly, a policy or practice that fails to consider the nature, severity, and recency of criminal conduct is unlikely to be proven necessary to serve a “substantial, legitimate, nondiscriminatory interest” of the provider. The determination of whether any particular criminal history-based restriction on housing satisfies step two of the discriminatory effects standard must be made on a case-by-case basis.
Click here for the entire Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions
- Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes8y
@David Orrick in my advertisement I post high level qualification criteria:
Credit score XXX
Income 3X times rent
Two rental references
No previous evictions or landlord judgments
No felons
Pet policy
Move in expense includes first months rent of $XXXX and security deposit of $XXXX
Here are the questions I ask when they call or message me:
Do you meet the qualification criteria from my advertisement? (I only repeat each criteria if they ask. This saves time)
Do you have any animals? (If they say yes, ask how many and what type. Know your pet policy and be ready to tell them they don't meet the policy. That can end the call quickly.)
When do you plan to move? (If they tell me they need to give 60 day notice, there is no reason to show them the property)
Who will be occupying the property? (Be careful on this one to avoid family discrimination. I am looking to weed out roommates or over occupancy. My city only allows 3 unrelated adults per single family home and I can legally limit it to 2 unrelated adults. Family limits are way higher, usually 2 per bedroom plus one, so a three bedroom house could have 7 people in it.)
I try not to ask more than these four questions, unless the conversation is moving freely. Sometimes playing 20 questions can annoy people. Asking too many personal questions isn't appropriate until things proceed further.
- Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes8y
I show the property to whoever wants to see it. Anyone who wants to can fill out an application. I use the application process to weed people out. I dont try to do so before then.
District Invest Group545 Reviews - Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes8y
Also let me add, I always group showings amongst several people together, so as to not waste my time if someone no shows. Also having multiple people looking at it at once creates a sense that it is a hot property, so people want to apply quicker instead of thinking it over for awhile.
District Invest Group545 Reviews - Real Estate Agent · San Antonio, TX · Member since 2017 · 523 posts · 362 votes8y
@David Orrick Good job on taking action and welcome to BP! I don't think I can offer anymore useful questions that I can think of right now, because they have all been covered because BP members are awesome like that. I would suggest grouping showings to save you time and make it much safer. If they are late, or want to reschedule we do not deal with them any further. They will most likely be late with payments and other things and don't value your time which means they probably won't value the property. I also highly suggest trusting your gut when meeting them, if you do not feel right or just don't like them for some weird reason, DO NOT RENT TO THEM. Your gut is always right and you will regret it down the road. It's better to take a little more time to find a quality tenant than to find a tenant right away that will make your life much worse later. Many people say that a tenant that pays on time is always a good tenant and as long as they do that it doesn't matter. That is so far from the truth it isn't even funny. A tenant who has a million questions, and nit picks here and there and is very snippy during the showing is going to be that tenant that calls at 11:30pm because the toilet is clogged and they want you to unclog it. Those tenants are the worst and you can usually easily tell who those tenants are by their body language and attitude when first viewing the property. Although there is no 100% perfect tenant, that isn't an excuse to overlook things so you have a "qualified" renter, doing this will not end well. I know this isn't necessarily what you asked but make sure when going through the lease you physically sit down with them and go over every detail, have them walk through the building and initial over every little thing and make sure everything is in good shape before they officially move in. Take good pictures and videos before so that if something doesn't look right when they move out you have solid and clear proof. Good luck and congrats on taking action!
- Investor · Detroit, MI · Member since 2014 · 360 posts · 354 votes8y
I always ask:
What brings you to the area?
Can you supply income verification?
Are you willing to submit to a credit/background check? No Sex offense, felonies, or fraud-type crimes allowed.
Its open ended gets them talking...I am screening then, so I listening for DQ statements.
- Rental Property Investor · Bonne Terre, MO · Member since 2016 · 11 posts · 0 votes8y
I cant thank everyone enough for your input. I always come to BP because I feel like I'm asking questions to people that have so much info and will turn me in the right direction !!! You all are great.
- Rental Property Investor · Windsor, CT · Member since 2016 · 12 posts · 10 votes5y
Awesome thread! I created a Google Form that has similar questions listed above, that I send to anyone that inquires about the property. My question is, do you respond to the prospective tenants who have filled out the questionnaire but do not meet your minimum criteria? I have several prospective tenants who meet some criteria but not all. Not sure if I should respond to them letting them know that unfortunately, they don't meet our criteria (ex. credit score).
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