Rental Property Investor · Milwaukee, WI · Member since 2019 · 88 posts · 49 votes
We had a showing at one of our C class properties yesterday, and a propsective tenant came in with a boyfriend. She submitted an application (incomplete, and that in itself is a red flag, short rental and employment history, but not overly so), but preliminary check through the local courts shows no issues or criminal record.
However, the boyfriend sat outside for a while blasting loud music, came in smelling of weed (illegal in our state) and immediately started asking questions about keeping multiple vehicles at the property (against the rules) and behaving in a manner that screams ‘problem/nuisance tenant’.
He is NOT on the application, but implied that he will be there if his girlfriend lives there.
Do we have grounds to deny the application based on his behavior alone, despite him not having submitted an application or being on an application?
The upstairs tenants are great and have small kids, and I feel that in addition to safeguarding our investment we have a duty to the upstairs tenants as well.
We had a showing at one of our C class properties yesterday, and a propsective tenant came in with a boyfriend. She submitted an application (incomplete, and that in itself is a red flag, short rental and employment history, but not overly so), but preliminary check through the local courts shows no issues or criminal record.
However, the boyfriend sat outside for a while blasting loud music, came in smelling of weed (illegal in our state) and immediately started asking questions about keeping multiple vehicles at the property (against the rules) and behaving in a manner that screams ‘problem/nuisance tenant’.
He is NOT on the application, but implied that he will be there if his girlfriend lives there.
Do we have grounds to deny the application based on his behavior alone, despite him not having submitted an application or being on an application?
The upstairs tenants are great and have small kids, and I feel that in addition to safeguarding our investment we have a duty to the upstairs tenants as well.
Yes you can deny them for any reason you like so long as it's not a protected class. Protected classes are as follows
Race
Color
Religion
National origin
Sex
Disability
Familial status
Beyond that I've dealt with 1,000's of tenants in my career. More or less what you've got on your hands here is a girl who's boyfriend has a criminal record or a terrible credit history or most likely a combination of both. She is trying to pull a fast one by not having him apply but I assure you they both plan on living there. Just deny them & move on. They sound like filthy savages. Don't give them a 2nd thought.
Real Estate Investor · Sacramento, CA · Member since 2010 · 298 posts · 103 votes
7y
Kat, let me answer your question "Does priority in submission matter?"
No! This is not about you being "fair" as in "first come first served." In the landlord game it's all about finding the most qualified tenant, even if he's the last person to apply! I once rented a place to guy simply because he had applied earlier than another applicant, a Greyhound bus driver. He turned out to be a disaster; I ended up evicting him. The bus driver would have probably worked out much better. I've tried to never make that stupid mistake again. Obviously, you can't discriminate, but if someone shows up with qualfications you think are better than a prior applicant, be flexible enough that you can turn on a dime and approve that applicant instead of those who may have applied earlier.
Investor · Reno, NV · Member since 2018 · 40 posts · 11 votes
7y
@Kat Rathell I stand corrected. I assumed, and we all know what they say about assuming ;)
No doubt the BP community runs the gamut and critical thinking should be applied when considering most of the comments/suggestions found in the forums. My comments are no exception. Best of luck resolving your applicant woes. I hope all goes well.
Investor · Milwaukee - Mequon, WI · Member since 2010 · 5k+ posts · 7k+ votes
7y
@Kat Rathell I guess we are neighbors, most of our properties are also in the area ;-)
My go to ressource is "The Wisconsin Way - Landlord Tenant Guide" - you can google and download it as a pdf.
You can respond to the application, but you may choose respond verbally and without a final conclusion. If you make a decision, someone could challange it. If you don't put your final "rejected" stamp on the application there is no decision that could be challanged in the first place.
I would not label that as "un-professional".
You want to keep all applications and make notes on it before you file it away. Obviousley you want to be in line with the fair housing laws. There are a few additional ones on State and City level, like you can't discriminate against the source of income.
"Intend of breaking the rules of the lease" or not providing "complete and truthfull information" are not protected classes. That BTW is stated on top of our application form (we use Wisconsin Legal Blank forms). They have been very well "lawyered out" by Wisconsin courts and attorneys over the years and are widely known and accpeted.
Rental Property Investor · Milwaukee, WI · Member since 2019 · 88 posts · 49 votes
7y
@Ed B., thank you, for your advice, information and sharing your past experiences! It makes perfect sense to hold out for more qualified candidates to avoid issues in the long run.
Rental Property Investor · Milwaukee, WI · Member since 2019 · 88 posts · 49 votes
7y
@Seth Dettenmaier, no worries! I am very grateful for you taking the time to share your advice and reference resources! And for pointing out that there is, indeed, a spectrum, and that there is a decision to be made on where you will be on it.
Rental Property Investor · Milwaukee, WI · Member since 2019 · 88 posts · 49 votes
7y
@Marcus Auerbach, thank you!
I do have the ‘WI way’ downloaded, and we do also use some of the WI Legal Blank forms! I like the way you put it with ‘intention to break the lease rules’ and ‘not providing complete and truthful information’ - I will keep those in my arsenal of rejection reasons for later :).
I do make notes on the application forms as to why the applicant was rejected, trying to stay neutral and using generic terms.
Do not ask her to fill out the application in full. Just take it and then send a letter saying the reason that you were turn down was because of incomplete information submitted
Ding ding ding ding! AFTER it has already been rented.