Criminal History, Disputes, Evictions: All Part of the Renting Experience

Landlords and property managers have a tough enough job keeping track of repair and maintenance on a property, and when one considers the task of dealing with new and existing tenants, the role becomes increasingly complex.

But it need not be. Once a landlord has the right tools and knowledge managing a property can become relatively easy.

First and foremost a landlord must attract the right tenant.

One of the key tools a landlord can utilize in vetting a new tenant is a background. Often times a tenant background check will include a wide variety of public and private data points. When combined together these key pieces of information provide a landlord an important resource in making a rental decision.

Besides a consumer credit report, a criminal history can be one of the more common public records a landlord reviews.

From American-Apartment-Owners-Association.org:

It’s a fact that employing strong tenant screening practices help identify tenants who will end up being a good fit for your rental property, and ‘weeds out’ many of the applicants who would cause you problems. A tenant criminal history check is a key piece of any solid tenant screening process. (1)

Criminal history reports are documents drawn from county courthouses and are the most current and accurate public record available.

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “The Criminal History report is an important document utilized in background screening, both for pre-employment purposes and rental agreements. Understanding an individual’s criminal history is extremely important.”

A best practice for tenant screening is to utilize a third-party tenant screening company, one that is up-to-date and conversant on all current local, state, and federal laws governing the use of public records.

From American-Apartment-Owners-Association.org:

A tenant criminal history check conducted by a third party company (your tenant screening company) is considered an investigative report by the FCRA. The FCRA requires that landlords follow certain procedures in ordering and utilizing an investigative report. These regulations include getting the applicant’s consent to agree to a search, as well as following adverse action procedures. Basically, if a landlord decides to not rent to a person based on information they find in the investigative report, the landlord must notify the applicant by mail (with a document called an adverse action letter). The applicant then has a chance to dispute the information with the tenant screening company. (2)

Once a tenant is in place it is critical to deal with any issues quickly and efficiently. It is important to have a dispute resolution program in place and document all issues. (3)

Unfortunately, not every dispute will have a resolution that is mutually agreeable. This may lead to the eviction process. And evictions can be very challenging.

From Nolo.com:

A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform — for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (4)

Adam Almeida, President and CEO of TenantScreeningUSA.com states: “Evictions are a tricky process and a landlord must follow very specific state mandated procedures. Failure to comply to the letter of the law may create a legal quagmire. It may be beneficial to a landlord to work with a lawyer specializing in evictions.”

Being a landlord has a great many challenges. When one has a solid tenant screening policy in place, one that includes a thorough tenant check, avoiding dispute and potential eviction is possible.

TenantScreeningUSA.com is a third party tenant screening company serving the small to mid-size rental community. With a highly trained and dedicated staff, TenantScreeningUSA.com can create a low-cost and fully compliant tenant screening package to fit ones needs.

Notes:

  1. american-apartment-owners-association.org/property-management/tenant-screening/best-practices-use-tenant-criminal-history-to-screen-tenants/
  2. american-apartment-owners-association.org/property-management/tenant-screening/best-practices-use-tenant-criminal-history-to-screen-tenants/
  3.  lpmmags.com/6-easy-ways-to-handle-tenant-disputes/
  4.  nolo.com/legal-encyclopedia/evictions-landlord-rules-29740.html