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I’m the head leaser of a 3-bedroom condo. Two of my friends (also on the lease) moved in with me when I obtained the place in August 2013.
One recently moved out and the management company has told me to notify them of the new tenants name, dob and phone number when they move in. However, they are not requesting an application or a background check on the new roommate.
My question is: Is it legal for me to run a background check on people I interview for the room? None of my friends are looking to move so the new roommate will most likely be a stranger off of CraigsList. For mine and my roommates safety I do NOT feel safe letting just anyone move in and would feel better running a background check on them.
It cost $30 per background check so can I pass that onto the perspective renter?
They would know before that ANY criminal convictions (misdemeanor as well) would result in me saying no so they wouldn’t fill it out unless they “forgot” or flat out had a clean record.
1. Read your state landlord tenant laws and state commercial code regarding pass along fee such as a back ground check. You may be able to pass the entire amount, or you may be limited to only a certain amount.
2. Read the state and federal laws on background checking paying particular attention to FCRA. Although most reputable regulated background checking companies will assist you in understanding the regulations or raise a question if you ask for something they feel is suspicious, you will ultimately be held legally responsible for compliance.
3. Make absolutely sure the consent form they sign adheres to your local state laws. Don;t grab any old thing off the internet and expect it to protect you. Once again, the reputable regulated services will provide the necessary state specific form.
4. last, make absolutely sure the applicants are aware of your rental requirements including what can cause a denial from that background check. You do not want them leveling "Application Fee Trolling" fraud charges.
Otherwise, always run a check as best you can and act in your best interest.
You are the "head leasee", but are you all equally held responsible to pay the rent? If so, then I would think that the management company would do a background check and take note of the person's identity documents. Otherwise you could just pick numbers out of the air and give it to them.
Do all the free info searches first: visit your superior court and do a name search or some courts offer this on-line too, ask to see past utility bills, call employers, do a drive-by to old addresses etc. If you have access to Ancestry.com or know someone who does search the name on that site. Go with your gut feeling.
........My question is: Is it legal for me to run a background check on people I interview for the room? ........It cost $30 per background check so can I pass that onto the perspective renter?
They would know before that ANY criminal convictions (misdemeanor as well) would result in me saying no so they wouldn’t fill it out unless they “forgot” or flat out had a clean record.......
In Oregon, you can charge for the background check. If you are going to charge an application fee, you must have your rental criteria in writing and the applicant must be given a copy of it. That's the law.
An application fee will stop the majority of non-qualified people from applying. However, even after talking to me and seeing my written criteria, and seeing the questions on my application, I still get about 1/3 of applicants lying about who their landlord is. About 1/3 of them lie about smoking. 60% of them will lie about their credit. Maybe 5% lie about where they work or what their salary is. Another 5% claim to have clean criminal record and come back with one of more (sometimes many more) felony arrests and/ or convictions. Convictions are pretty evenly divided between dealing drugs and passing bad checks/ shoplifting.
On top of that, every time I have a vacancy about 7-8 people will try to convince me that their pit bull is a different breed because I don't allow pit bulls. Then there will be at least three people who tell me that their wildly untrained pet is a service dog because they don't want to pay the pet deposit
You have to double check everything on the application because by the time all the lies are added up, by far the majority of applications your receive will contain lies that are serious enough to cause the applicant to be rejected. In fact, I start to get optimistic as I am doing the background check when all the information given to me checks out. I cross my fingers and start hoping that I have found a tenant.
Since your new tenant is going to be living in the same house as you and will have access to your belongings, be extra diligent with your screening.
Thanks for the replies everyone. I’m not requesting an application fee since there is no application. I’m the only one held responsible for the rent. The roommates pay me every month and then I pay the management company.
In Oregon, you can charge for the background check. If you are going to charge an application fee, you must have your rental criteria in writing and the applicant must be given a copy of it. That's the law.
An application fee will stop the majority of non-qualified people from applying. However, even after talking to me and seeing my written criteria, and seeing the questions on my application, I still get about 1/3 of applicants lying about who their landlord is. About 1/3 of them lie about smoking. 60% of them will lie about their credit. Maybe 5% lie about where they work or what their salary is. Another 5% claim to have clean criminal record and come back with one of more (sometimes many more) felony arrests and/ or convictions. Convictions are pretty evenly divided between dealing drugs and passing bad checks/ shoplifting.
On top of that, every time I have a vacancy about 7-8 people will try to convince me that their pit bull is a different breed because I don't allow pit bulls. Then there will be at least three people who tell me that their wildly untrained pet is a service dog because they don't want to pay the pet deposit
You have to double check everything on the application because by the time all the lies are added up, by far the majority of applications your receive will contain lies that are serious enough to cause the applicant to be rejected. In fact, I start to get optimistic as I am doing the background check when all the information given to me checks out. I cross my fingers and start hoping that I have found a tenant.
Since your new tenant is going to be living in the same house as you and will have access to your belongings, be extra diligent with your screening.
I wanted to reply to you specifically.
I’ve been shocked at how many people have lied to me as well. One of the first things I do is a drive by. The background check asks for their current address. I’ve been lead to an open field and a grocery store on two separate occasions. We’re not allowed to have dogs here, which is clearly stated in my ad and in the lease. However, the last guy I had pass a background check and sign the lease brought his dog with him on move in day. Needless to say he moved out a few weeks later with the help of the management company. My biggest pet peeve is people lying about their credit and criminal history. I give the applicant a copy of what would cause them to be denied BEFORE they fill out the background check and before they pay the $30 fee. I’ve had no less than five people be denied. One of them, who seemed like a great guy, came back with TWO felony assaults from 2014. I confronted him about this and he said he had “changed.” After I politely told him he couldn’t move in, he then requested his $30 back. The others have been understanding and admitted they thought they’d pass the background check. I guess they didn’t realize how throughly I was looking into it!
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