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Unless you install a permanent physical fence that complies with AZ state law, those removable fence type will satisfy Mesa's pool barrier requirements but will not relive you of liability under ARS. Only the permanently installed fences, inspected by the AHJ after installation, will relive you of some liability in AZ.
Good advice. I had already reached the point that I was 99 percent certain any fence will be permanent. Your comment pushed me over to the 100 percent mark.
You just have a problem with me because I do not discriminate against my tenants like you would, sorry your a dead beat piece of crap for not paying your rent disabled or not. I do not give special treatment to any person because they are not disabled or any other resin. I do not care, if you do not pay you will be out, I do not care if you and the kids are on the street for X-Mass living in a box disabled or not. Its a business you pay you stay, no pay no stay.
You believe what you want about me I have been a full time landlord for about 30 years and keep about 75 SFH in innovatory so I must be doing something right. I have been to court for different things and I have never lost and it has never been close. When I have a house for rent I get 20 - 30 apps it is not hard to to find one that fits what I want without discriminating against anyone. If you deny tenant application based on the person's credit report, then you are required by law to send an adverse action letter to inform the person that his or her application was rejected. For other reasons, you're not required to given the applicants a written notice but you must be careful not to discriminate The law does not indicate how much detail the landlord must give you.
Some things you can say no are.
1. Unsatisfactory references from landlords, employers and/or personal references
2. Evictions
3. Frequent moves
4. Bad credit report
5. Too short a time on the job
6. Too new to the area.
7. Smokers.
8. No verifiable source of income.
9. Too many vehicles
10. Too many people for the property.
11. Drug users.
12. Pets.
13. Any evidence of illegal activity
14. History of late rental payments.
15. Insufficient income
16. Too many debts
17. Conviction of a crime which was a threat to property in the past five years
18. Conviction for the manufacture or distribution of a controlled substance in the past five years.
19. Tenant Lied on application (the best one)
You have an impressive resume. Yes I agree that #19 is the best of all. A few months ago I rejected an application because the prospective tenant answered "have you ever had a bankruptcy" with no, but their credit report said yes. Also had a FICO about the same as the temperature I slow roast at.
I have not run a credit check yet, nor will I run a credit check, until I have completely investigated the issues I stated above. I will not take their credit check payment unless all other indicators lend me to believe the applicant will pass credit check. If they fail credit check and/or criminal background check then one of #1-18 may apply. I do not want to cast those dice until I have investigated the other matters.
I have neither accepted nor rejected this application at this time. If it is rejected I will deal with the matter at that time.
Where do you get your ideas?
It's my understanding that he is the latest self proclaimed guru for buying rental properties and becoming a landlord..
I never said that. I've been sharing what I learned buying four properties in about as many months. It has been fun to help others, and I have received more reputation points in this short period than I have in other entire years, so somebody must like my posts. But evidently not you.
I am now a novice landlord getting great advice that will aid me in becoming a more experienced landlord.
If you don't like my posts, you should be aware that the forum has an ignore user feature.
[quote=Lovehound;35544761]I never said that. I've been sharing what I learned buying four properties in about as many months. It has been fun to help others, and I have received more reputation points in this short period than I have in other entire years, so somebody must like my posts. But evidently not you.
I am now a novice landlord getting great advice that will aid me in becoming a more experienced landlord.
If you don't like my posts, you should be aware that the forum has an ignore user feature.[/quote]
You do get that I was responding to MrRational's post that you are not a LL and just a reluctant to sell homeowner?
However, since I just read a thread where there were about 17 posts in a row from just you, maybe that's not a bad idea.That's a lot of scrolling.
You do get that I was responding to MrRational's post that you are not a LL and just a reluctant to sell homeowner?
However, since I just read a thread where there were about 17 posts in a row from just you, maybe that's not a bad idea.That's a lot of scrolling.
I am a novice landlord. I have no homes for sale nor do I intend to sell any properties for at least 10-15 years. The topic is about one of my rental properties. I hope that clears up any issues regarding the topic.
Again I remind you of the forum's ignore member feature. Note that I am the OP and it is reasonable that I respond to replies to my topic. I have attempted to multi-post where possible.
Also please note that you may choose to not read this topic if anything within it displeases you in any way. You are also welcome to complain to forum moderators if anything I post at C-D does not meet with your approval.
Finally, I will appreciate if you will refrain from further posts in my topic. This is just a request which of course is your right to ignore.
You just have a problem with me because I do not discriminate against my tenants like you would
You're the one telling the OP to discriminate, not me, Einstein. And I don't like you because you're the biggest hypocrite on this forum.
Quote:
sorry your a dead beat piece of crap for not paying your rent disabled or not. I do not give special treatment to any person because they are not disabled or any other resin. I do not care, if you do not pay you will be out, I do not care if you and the kids are on the street for X-Mass living in a box disabled or not. Its a business you pay you stay, no pay no stay.
a) It's "you're".
b) I'm not the disabled one. That was another thread where I lit you up in front of the entire forum.
c) Any way you slice it, that disabled person who couldn't pay there rent is FAR more ethical than someone like you, who willfully and deliberately violates federal and state housing laws. How does that make you feel?
Quote:
If you deny tenant application based on the person's credit report, then you are required by law to send an adverse action letter to inform the person that his or her application was rejected. For other reasons, you're not required to given the applicants a written notice but you must be careful not to discriminate The law does not indicate how much detail the landlord must give you.
Some things you can say no are.
1. Unsatisfactory references from landlords, employers and/or personal references
2. Evictions
3. Frequent moves
4. Bad credit report
5. Too short a time on the job
6. Too new to the area.
7. Smokers.
8. No verifiable source of income.
9. Too many vehicles
10. Too many people for the property.
11. Drug users.
12. Pets.
13. Any evidence of illegal activity
14. History of late rental payments.
15. Insufficient income
16. Too many debts
17. Conviction of a crime which was a threat to property in the past five years
18. Conviction for the manufacture or distribution of a controlled substance in the past five years.
19. Tenant Lied on application (the best one)
You have to provide adverse action letters for numbers 2, 3, 4, 11, 14, 16, 17 and 18. That's almost half your list there.
Again, not to hard to look at the approval criteria and figure out "hey, I met all of these, so something fishy is going on here". That's how the vast majority of housing discrimination suits begin.
I'll tell any tenant why they were rejected if they ask. I'll give it to them in writing if I determine I am required to.
I recently rejected a tenant for criminal background. He wanted to know what -- this is through his Realtor and my Realtor. I stated that due to privacy laws I am unable to discuss it -- keep in mind that both Realtors are in on the conversation. I suggested he run himself on my credit report provider and gave him the URL.
It looks to me like #11, evidence of illegal activity to me. If he writes me a letter and asks why I'll post on this forum and get advice if I am required to answer the request. I certainly didn't invite him to pursue the matter.
I did suggest he should check his report himself and verify that the information is correct. I hope he did that. It costs $35.
I recently rejected a tenant for criminal background. He wanted to know what -- this is through his Realtor and my Realtor. I stated that due to privacy laws I am unable to discuss it -- keep in mind that both Realtors are in on the conversation. I suggested he run himself on my credit report provider and gave him the URL.
It looks to me like #11, evidence of illegal activity to me. If he writes me a letter and asks why I'll post on this forum and get advice if I am required to answer the request. I certainly didn't invite him to pursue the matter.
I did suggest he should check his report himself and verify that the information is correct. I hope he did that. It costs $35.
NO, NO, NO!
You are required by law to follow the adverse action requirements of the FCRA. First you must notify the person that the information you received did contain a disqualification item and their application will be denied based on that information. You give them a copy of the report along with the name and contact information of the person/company you used to get the information. You must tell them they have the right to contest the accuracy of the information with the CRA and you. After a reasonable time (usually 3 business days) you can send them the adverse action notice that includes that you are denying their application, along with a copy of their rights under the FCRA.
This is not something you want to mess with as failing to follow the law almost always results in fines for the offender, plus usually some form of punitive damages paid to applicant. You need to contact your business attorney and advise them you totally muffed a FCRA Adverse Action requirement and want to fix it real fast. They will get it fixed.
The website I use is designed to prevent me from copying the information. I already tried because I wanted to retain copies of credit reports on my tenants for future reference, and failed. I am a computer expert and the only way I could do it was by capturing a screen shot.
If asked, and outside the chain of landlord-Realtor-Realtor-renter then I will do my best to assist this rejected tenant. However I interpret privacy laws as preventing my discussing it even with MY Realtor. All I told her was "failed background check." She agreed that she did not want to know the details nor discuss them, and agreed that it was a privacy issue.
I am prepared to address the issue if I receive a formal request from the rejected applicant. My credit check site tells me that I may be required to respond to an adverse action if requested by rejected applicant. I will do so if I am asked to. So far nobody has asked me.
I have even deleted the word "criminal" in our communications via Realtors and just left it as "background check," out of respect to applicant's privacy. Of course everybody understood the unstated word.
Contact your business attorney and have them prepare a guide for you to follow from now on. Federal and Arizona law does not have exemptions from the regulations because your CRA website tells you something different. Just ask yourself, will they pay your fines and represent you in a court case?. Your Realtors are in no position to provide legal advice of FCRA and ARS. Although you are prepared to do something, it may mean nothing to a Judge imposing a penalty and compensation for failing to follow federal and/or state law. Just my 2 cents.
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