When it comes to finding the perfect tenant for your rental property, it’s important to gather as much information as possible to make an informed decision. However, it’s crucial to be aware of the questions that you can legally ask a prospective tenant to avoid any potential discriminatory practices. In this article, we will explore what you can ask a prospective tenant and provide answers to related frequently asked questions.
What can you ask a prospective tenant?
As a landlord or property manager, you can ask a prospective tenant several questions to assess their suitability. Some key topics to inquire about include:
1. **Identification**: You can ask for identification to verify the individual’s legal name, age, and current address.
2. **Employment and income**: It’s reasonable to ask about their employment status, income level, and job stability to ensure their ability to meet rent obligations.
3. **Rental history**: Inquire about their past rental experiences, including references from previous landlords, to determine their reliability and past behavior as a tenant.
4. **Credit history**: You can request permission to run a credit check to evaluate their financial responsibility and ensure they are capable of paying rent on time.
5. **Criminal background**: It’s permissible to ask about their criminal history to ensure the safety and wellbeing of other tenants and the property itself.
6. **Reason for moving**: You can inquire about the reasons behind their desire to move to gain insights into their motivations and expectations.
It’s important to note that while you can ask these questions, it is equally important to treat all prospective tenants equally and consistently. Moreover, make sure to comply with fair housing laws that prohibit discrimination based on race, color, religion, sex, disability, familial status, or national origin.
Frequently Asked Questions (FAQs)
Q1: Can I ask if the person has pets?
Yes, it is within your rights to ask a prospective tenant if they have pets. However, be aware of any local and state laws regarding limitations on pet-related questions or restrictions.
Q2: Am I allowed to inquire about their smoking habits?
While you cannot ask if a tenant smokes, you can ask if they are interested in a nonsmoking property or if they have any preferences regarding smoking.
Q3: Is it acceptable to ask if they have children?
No, asking about the presence of children is considered discriminatory. However, you can inform them about the property’s features, such as nearby schools, that might be relevant to families.
Q4: Can I ask for their social security number?
Generally, it’s not necessary to ask for a social security number. However, you can request other forms of identification to verify their identity.
Q5: Am I allowed to ask about their marital status?
No, asking about marital status is considered discriminatory as it falls under protected classes. Focus on the applicant’s ability to meet financial responsibilities instead.
Q6: Can I inquire about their citizenship?
Asking about an applicant’s citizenship status is illegal. Instead, you can ask about their legal status to verify their eligibility to sign a lease agreement.
Q7: What can I ask their references?
When contacting references, you can ask about the applicant’s rental payment history, behavior, and whether they would re-rent to the applicant.
Q8: Can I ask about their previous evictions?
Yes, you can ask about previous evictions or legal disputes related to tenancy to assess their history as a tenant.
Q9: Is it lawful to question their disability or medical conditions?
No, inquiring about an applicant’s disability or medical conditions is strictly prohibited by fair housing laws. Focus on their ability to meet the lease terms instead.
Q10: Can I ask if they are currently facing bankruptcy?
While you cannot ask about their current bankruptcy status, you can request information related to their income and credit history, which might indirectly reveal such circumstances.
Q11: Is it acceptable to ask about their sexual orientation?
No, asking about an applicant’s sexual orientation is considered discriminatory. Ensure you create an inclusive and welcoming environment for all tenants.
Q12: Can I ask for a security deposit upfront?
Yes, it’s common practice to request a security deposit to protect against potential damages or unpaid rent. Ensure you comply with local laws regarding the maximum allowable deposit.