All Forum Posts by: Julie O'Connor

Thanks for all the input. I communicated via text in response to the applicant's text inquiring as to the status. Normally I would not do that. The screening service also sends an email communication. 

I actually prefer not to call in these situations 1) to avoid the he said/she said potential, 2) to document exactly what was said, and 3) to avoid getting drawn into a discussion/ negotiation/ reconsideration discussion. 

I have the standard Adverse Action form. I will include all the reasons this applicant was denied and get it into the mail to what they provided as the current address, even though that appears to be the address from which they were evicted.

I did not specifically ask if the applicant had ever been evicted. They verbally volunteered that they lost their job, ran into financial difficulties, moved out of their apartment and in with family, and ended up declaring bankruptcy. The applicant stated that the job loss lasted more than a year, but they had been back at work for some time. That's probably why I thought the bankruptcy was something in the past, not recent.

Thanks again for all the terrific feedback. It's highlighted for me the value of always performing a thorough credit/background check, but also that my application form needs to be more thorough. Had the eviction been disclosed on the application, I never would have proceeded to the $35 screening.

P.S. @Sue Kelly I can't believe you've actually had to call police! Yikes!!

I notified a potential tenant via text that their application was denied after the $35 tenant screening service revealed an active, open bankruptcy (<6 months) (as well as two prior dismissed bankruptcy filings), a recent eviction filing and judgment (<6 months), two collection actions, and a prior but old criminal conviction (non-violent offense). The reason I cited was the ongoing bankruptcy.

I realize I need to send an Adverse Action Notice under FCRA as well.

My question is: should I cite *all* the above reasons in the Notice, or just stick with active bankruptcy I already gave as the reason?

The applicant is unhappy about getting rejected and about the $35 cost. They have sent multiple responses indicating that I wasted their time and money, because they did disclose the bankruptcy on the application and verbally stated it was after a job loss. They stated they were currently working and had income that was good and verifiable (approx. 5x monthly rent). 

My takeaway at the time was that the bankruptcy was in the past and resolved, so I was surprised to see it was so recent.

However, they said nothing about a prior eviction (they said they left their apartment after losing the job), nor the criminal record, even though the application has space to disclose anything negative that a background check might uncover.

Thanks for the helpful perspective. 

My original question pertained to my handling of the first applicant, in light of subsequently having a second applicant who is a member of protected classes on two fronts.  I mentioned the facts about the second applicant *not* because they are factors in the decision, but to illustrate that the applicant belongs to protected classes, which made me realize (in more than one way) the error of handling the first applicant the way I did. 

I made exceptions for the first applicant before knowing anything about the second applicant.  The only reason I did so was because the first applicant is an acquaintance.

I subsequently changed course and asked the first applicant to undergo the background checks.  (Oddly, I'm still waiting for results from mysmartmove... which I thought was practically instant?)

Thanks again.

UPDATE:  I called applicant #1 and explained that I screwed up by agreeing to waive the credit/background check, and that it was important to treat all applicants the same.  She agreed and said no problem.  I used the mysmartmove.com service to request the reports.

I also followed up with applicant #2 as there was some info left off the application. 

So far, there is no applicant #3. :-)

Thanks again for all the help and input.  I feel so much better about it now.  What a great group.

Julie

Wow -- thank you sincerely for all the replies.  I know it takes time to read the posts and reply and I'm very, very grateful for everyone's time and input.

I will go back to applicant #1 and let her know I made a mistake and have to pull her credit etc. after all.  If she doesn't work out or doesn't agree, I will proceed to applicant #2.

For the record and to clear up any misconceptions, I have no issue with applicant #2. I do not prefer applicant #1 (in fact, on paper they are about the same) It is only because I have a prior relationship and many mutual acquaintances with applicant #1 that I foolishly said I would waive the credit/background check.  If applicant #2 had been the one with the prior relationship, I probably would have said the same foolish thing to them.  I am processing application #1 first because it was submitted first and I told applicant #2 that right off the bat.  The mistake I made is that there is pretty much no good reason, ever, to deviate from your procedures.  Well, maybe if it is your mom. :-)

Thank you all for taking the time to chime in.  I greatly appreciate it.

Julie

Thanks for all the replies.  I appreciate the advice.  I regret telling the first applicant that I would forego the formalities.  If the second applicant had been the referred one I would have told them the same thing.  It's just best not to deviate and make exceptions no matter the reason.  Lesson learned.

At this point, would you ask the first applicant to go ahead with the credit and background check after all, even though you already told them you wouldn't?

Thank you!

Julie

Hi BP Community. I have been a long-time “lurker” and now am a first-time poster. I own a SF rental in Northwest IN (former primary residence). First time renting this property.

Property has been advertised on Craigslist. I received approx. 7 inquiries in the first 24 hours.

The first applicant was referred to me via a volunteer group of which we are both members and is an acquaintance. She came to see the property the day it was listed and submitted an application the following morning (today). According to the application, she meets the income and employment criteria. She explained verbally that she has or anticipates a ding to her credit due to a short sale which she is in the middle of.

APPLICANT 1

• Meets income/employment criteria
• Credit isn’t great
• Has 2 dogs
• Single, no kids

The second applicant came to view the property a few hours after the first app was submitted. He submitted his application on his way out. According to the application, he meets the income and employment criteria. He explained verbally that he has some dings to his credit and his score isn’t great.

APPLICANT 2

• Meets income/employment criteria
• Credit isn’t great
• Has 1 dogs
• Engaged, has kids
• Is a racial minority

I planned to move ahead with the first applicant because (1) she was first and (2) she is known to me – active in the same group, has been to my house before, etc. I was not going to do a background check because she is known to me and others in the group. I was not going to do a credit check since she was upfront about her credit issues.

If for some reason this applicant declined or fell through, I would move forward and process the application of the second applicant, although I would require a credit and background check since he is not known to me and came through craigslist. I did explain to the second applicant that I already had received one application and was processing them in order of receipt.

My specific Qs:

• 1)Am I opening myself up to a potential discrimination charge from the second applicant by moving ahead with the first applicant and not requiring a background/credit check, even though I would require it of the second person?
• 2)What do you tell people who inquire about a property’s availability after you have already received several applications? Do you still make appointments to show it knowing you may have to cancel if you receive a signed lease/deposit? 

Thank you!!