Credit History Landlords have traditionally used the credit report as a cornerstone of tenant screening. A credit report provides the landlord with an applicant’s credit history as reported to a credit reporting bureau as of a certain date. The credit history shows the applicant’s credit usage and credit management. In requesting an applicant’s credit report, […]

A landlord screens an applicant to determine if the potential tenant would be able to meet a tenant’s required rent obligations. Accordingly, one of the first tenant screenings to conduct is verification of the applicant’s employment and income. If the applicant cannot qualify under the landlord’s financial criteria, there is no need to proceed with […]

As more cities enact rental housing ordinances and states continue to add or revise landlord-tenant statutes, there is correspondingly significant impact on landlord business management policies. Legislative efforts that move toward more inclusive tenant screening and selection practices do not prohibit a landlord from operating to his business necessity. However the new regulations have requirements […]

The implied warranty of habitability is a legal doctrine in most states that requires landlords to offer and maintain leased premises in a safe and sanitary condition fit for human habitation for the duration of the lease. For most states, basic requirements for habitable housing include: Maintenance of systems for electrical, plumbing, heating and/or cooling, […]

Painting a unit will often make a rental unit more attractive to prospective tenants but is usually not a requirement in most jurisdictions. However you should always check your state’s landlord-tenant statutes and local ordinances to determine if they address the issue. Landlord-tenant statutes of most states require only that a landlord provide clean and […]

What does your lease agreement say regarding tenant alterations and improvements? In many leases there is language that prohibits tenants from making alterations and improvements to rental property. As example, a lease clause might read: “Except as authorized by statute or as authorized by the prior express written consent of Landlord, Tenant will not make […]

Landlords have a general duty of care to provide a safe and habitable living environment for their tenants. As part of that duty landlords can be held responsible to know what is going on at their rental property. Reasonable foreseeability Landlords have the duty to prevent possible criminal activity at their properties if there is […]

In general, “Cash for Keys” is an agreement between a landlord and a tenant whereby the landlord pays the tenant to vacate a rental property in exchange for an agreed upon sum of money at an agreed upon date. The agreement can be negotiated for an early lease termination date for such reasons as a […]

While a few states may have a requirement that a tenant must provide a landlord with a forwarding address as part of the tenant-move-out responsibilities, most state statutes do not address the issue. You should make a good faith effort to comply with your state statutes regarding the time to prepare the accounting statement and […]

You should first check your state’s landlord tenant law regarding procedures for tenant move-out inspections and security deposit deductions for tenant damages and cleaning costs outside of ordinary wear and tear on the unit. Many times tenants are aware that damages exist and want to reduce the amount of deductions from their security deposits. Accordingly, […]