Need help with tenants wanting to choose new tenants

Ryan Sheer

OP

Member since 2020 · 4 posts · 1 vote

6y

The intent was not to say I dont agree with the family size and say no. Im more so trying to follow the guidelines of section 8. Im reading that the maximum family size says 4 for a 2 bedroom. Thats not discriminating.

Thank you for the insight though on not disclosing my process with the current tenant that seems the right thing to do.

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JD MartinBusiness Member

Moderator

Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes

6y

@Ryan Sheer

Forget about the bedrooms and Section 8. Reject because of the eviction. Everything else is superfluous and meaningless.

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Brian Garlington

Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes

6y

I stopped reading when it said the prospective tenants have an eviction on their record.

Also, as the OP said, don’t let tenants choose the replacement tenants. It’s your property, not there’s.

If you go to GoSection8 you can advertise your rental on there for free .

In the ad simply state “No Evictions”.

When prospective tenants call, ask them how many people in addition to themself will potentially live at the unit with them.

Also ask if they have any animals or pets. If they have a dog, but claim they don’t know what kind of dog it is, ask them to take a picture of the dog and send it to you.

Also ask them if they have any felonies or evictions. Even if you say it in the ad, some people will sometimes “not see it” in the ad so you have to ask them. Yes, Section 8 “screens” potential tenants, but it’s a very rudimentary screening.

Personally I happen to like renting to tenants with Section 8 Vouchers and I have them in B, C and D neighborhoods in Cleveland as well as Oakland.

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Kim Meredith HamptonBusiness Member

Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes

6y

Hi Ryan,

First and foremost, I never rent to anyone with an eviction, as They have nothing to lose with not paying you!!!

Stick to a rental selection criteria for any and all applicants. Eviction should be one of those “no go”on any applicant no matter if they are section 8 or not.
By the way, a lot of criteria on beds is using the 2 heartbeats per bedroom + one. Meaning that a 2 bedroom could possibly have 5 occupants, no matter the makeup of the family

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Ryan Sheer

OP

Member since 2020 · 4 posts · 1 vote

6y

Thank you all for the replies and advice!

Craig Jeppesen

Rental Property Investor · Chubbuck, ID · Member since 2018 · 532 posts · 466 votes

6y

Just tell your tenants that they didn’t qualify and move on.

Patti RobertsonBusiness Member

Property Manager · Virginia Beach, VA · Member since 2016 · 2k+ posts · 2k+ votes

6y

Personally, I investigate and ask the applicant’s case worker when they received the voucher. IF the unpaid judgment came BEFORE they were approved for SEC 8, I evaluate how much of a risk they are at having a garnishment. Obviously there is a reason the person got approved for a SEC 8 Voucher in the first place. By far, the majority of landlords never pursue a garnishment. The fact that they had trouble paying rent without the voucher should not be a surprise and does not indicate they will have trouble paying when they no longer have to use 100% of their income to pay the rent. Just sayin’.

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James Wise

Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes

6y

Originally posted by @Ryan Sheer:

Hello all, first post on here.

My current downstairs tenants have asked about family members moving into the vacant upstairs apartment of my 2 family.

I sent them an application to fill out and find that there would be 5 people moving in and its a 2 bedroom. The family member, her boyfriend, and her 3 kids (2 school age and 1 newborn). They have section 8 and from what im reading a 2 bedroom doesnt meet the requirements. On top of this she has an eviction on record.

I havent had the property long but the downstairs tenants dont seem to be bad tenants. However, when I let them know I dont think its a good idea there seems to be some animosity. I asked them if they had anyone else they knew that would be interested in moving in to show I do care about them being comfortable, but that didnt seem to help.

Any advice on this?

The tenants they have suggested do not meet your criteria. Deny them and move on. Do not engage with the downstairs tenants about this further. You are involving yourself too much with these people. Your job is to provide habitable housing in exchange for on time monthly rental payments. Nothing more, nothing less. Do not engage with them about anything else including the selection of your next tenants for the neighboring unit.

Dennis M.

Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes

6y

If a candidate had an eviction you must absolutely reject them every time . Never ever never take on a tenant with an eviction . Ask me how I know !

Wesley W.

Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes

6y

Originally posted by @JD Martin:

You can discriminate based on eviction.

I'm not sure where the OP is located but sadly, here in NY State, if a background check yields an eviction on an applicant's record, you CANNOT deny them based on the eviction.

I wish I were making this stuff up.

Jane S.

Flipper/Rehabber · Colorado Springs, CO · Member since 2016 · 499 posts · 167 votes

6y

what does section 8 say about it? that would be the best reason, if they refused to pay voucher etc. a top level unit is so much more desirable you will have no problem finding a good tenant.

Ryan Sheer

OP

Member since 2020 · 4 posts · 1 vote

6y

Thank you for all the replies. Went better than I thought telling the tenants its my responsibility to find a good tenant for the place and wont be talking about it with them again.

Dennis M.

Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes

6y

I have done this arrangement a couple times in my short career and every time I did I got my gonads kicked up into my throat vigorously . You made the right choice