Can they ask for rental application back?

Question

I recently had 3 people fill out applications. I had one that I wanted but as I went into his background, I noticed a bankruptcy under his wife's name, he did not fill out his income section, and the total income written was 2200/month. Rent is 1500 and they had a car note of 500. Which means they had $200 extra a month for food and bills.

They called and we told them they did not qualify and now their pissed. They have been calling me everyday but I do not pick up. Now they are wanting their application back.

Do I have to by law give them their application back? Can I just mail it to them? I would like to avoid them if possible.

Stephen White · Answer

David Luu are you sure they aren't asking for a copy of their background check and not just the rental application? I have NEVER had a applicant ask for the application back, but we get about 20 requests a day for the "consumer copy" of the background check at my tenant screening company.

If this is the case, then yes you are required to provide them with a copy of the background check. If you used a tenant screening company to conduct the background check then they should provide this free of charge.

Also keep in mind that if you are denying a person based on their background check, you are required to send them an Adverse Action Letter that explains they are entitled to a consumer copy of the background check and contact information for the screening company that you used. You do NOT need to specify a specific reason why they were denied. For example you do not need to mention that it was because of a bankruptcy or eviction. Just simply that the decision was based on the report and they can get a copy of it from here...

Most landlords do not use Adverse Action Letters but I strongly recommend the practice because in the past month I have seen 3 situations from HOME testers that cited landlords for non-compliance. Plus it makes the phone calls stop and keeps you doing the right thing so nothing could ever come back to haunt you.

Hope this helps.

Steve Babiak · Answer

I wouldn't have even accepted that application in the first place, because they did not have 3x monthly rent as monthly gross income.

Ask them if they are OK with you mailing it back to them.  They might also want their application fee returned (if they paid one in the first place).

I have a line in my application to the effect that false, misleading, incomplete information is sufficient reason for declining the application; the fact that they are now telling you to raise the income number falls under this IMO.

Make sure your application gathers ALL information you will be needing, that it is compliant with all applicable laws, that it has an authorization in it to permit you to retrieve the background checks that you will be performing, and that it has the wording about false info (at a minimum).  Might even be more, since I'm rattling off all of that from the top of my head.

Rob K. · Answer

If you do send it back, I would make a copy first (don't tell them). That way if they try accusing you of anything later, you have a copy of their unqualified application.

I ask people have if they have an income of three times the rent AND I ask them if a landlord has ever filed court papers against them before showing the house. It helps weed out a lot of people before they waste my time.

If this was an open house situation, I would have handed the application back to them as soon as I saw that the income was not sufficient. They could do whatever they wanted with it and I wouldn't have taken any money from them.

Account Closed · Answer

Oh and his wife then told me to write in another $3000 under the husbands name, which we declined.

Rob K. · Answer

I once had a couple fill out applications and pay me the fee. About 15 minutes later, they knocked on the door and said they changed their mind. They must have seen something in the neighborhood that they didn't like. I just gave them back their applications and money as if it never happened.

Kyle J. · Answer

By "background check" I assume you mean credit check. Either way, you are not required to provide them with a copy. They are entitled to a copy (if they suffered adverse action as a result of the information contained within), but you don't have to provide it. They would get it from the credit bureau the information was obtained from.

Mike Franco · Answer

I just had a recent applicant ask for her application materials back- paystubs, application, and all.

People usually don't do this, and I don't know what they're trying to accomplish.

As landlords and property managers, to CYA, we are supposed to keep copies of the rejected application materials for several years, and applicants should know this.

I will ask this particular applicant to send me a self addressed stamped envelope and handling fee for photocopies, and I will send them back a photocopy of the application stuff.

Savannah Leigh · Answer

after the copies, send it back.

highlight the 'nonrefundable app fee' part

Andrea M. · Answer

David Luu Typically I don't return applications. However, since it sounds like they are harassing you, I would send (snail mail) them a copy to the current address on the application and keep the original for my records and notify them that it's my policy.

Louis Vargas · Answer

David Luu I agree with Rob K about making a copy but instead of one make two. Put one in a folder with their name on it mail the second back to yourself after signing the back of the flap of the envelope. That way you will have an official dated copy.

Can they ask for rental application back?

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