Landlords are allowed to ask for basic information such as name, income, and rental history. However, they must comply with fair housing laws and cannot discriminate based on protected characteristics such as race, religion, or disability.
As a landlord, it is crucial to ensure that you abide by the law when screening potential tenants. While you may have specific preferences based on personal factors such as lifestyle and personality traits, it is imperative not to base your decision on protected characteristics.
Landlords are permitted to ask for certain information essential for protecting their property and ensuring that tenants pay their rent on time. Let’s explore!
Legal Questions A Landlord Can Ask
When selecting a tenant, landlords need to be careful about what questions they ask during the screening process.
The fair housing act prohibits discrimination based on race, colour, religion, sex, national origin, disability, and familial status.
Here are some legal questions a landlord can ask prospective tenants:
Income And Employment History
Landlords need to ensure that their tenants have a steady stream of income to pay rent on time.
To determine this, they can ask about a tenant’s employment history, current employer, annual income, and any additional sources of income.
Landlords can also ask to see pay stubs and tax returns as proof of income.
Rental History And References
It’s essential to check a tenant’s rental history and references before deciding to rent out a property to them.
Landlords can ask about previous rental history, the reason for leaving, and contact information for previous landlords.
They can also ask for references from coworkers, bosses, or personal contacts who can vouch for the tenant’s character and ability to pay rent on time.
Credit Score And Financial Status
Landlords want to ensure that their tenants have a good credit score and a positive financial status.
They can ask for permission to check a tenant’s credit score and history to ensure that they’ve paid bills on time.
Landlords can also ask about any current debts, bankruptcies, or foreclosures to evaluate the tenant’s financial status.
Criminal History
Landlords have the right to ask about a tenant’s criminal history, but they must do so carefully.
They can ask about convictions or arrests, but not about non-convictions or juvenile records.
Landlords can deny a tenant for having a criminal record, but it must be relevant to the rental situation.
Personal Information
Landlords need certain personal information from prospective tenants to complete the screening process.
They can ask for full name, date of birth, social security number, and driver’s license number to do a background check.
However, they must be careful not to ask for any information that could violate fair housing laws.
Limits To What Landlords Can Ask
While landlords have the right to ask certain questions to evaluate prospective tenants, there are limits to what they can ask.
Landlords cannot ask questions or set different screening criteria based on a tenant’s race, religion, sex, national origin, disability, or familial status.
Landlords must be aware of fair housing laws and ensure that their screening process is fair and unbiased.
Prohibited Questions
Discrimination And Fair Housing Act
Landlords have the right to make informed choices about their tenants based on their background, financial history, and other essential factors.
However, they do not have the right to violate the fair housing act, which enforces anti-discrimination laws.
Landlords must comply with this law, which prohibits discrimination based on race, colour, religion, sex, national origin, familial status, or disability.
Protected Classes
There are specific protected classes under the fair housing act, and it is essential for landlords to understand them. The following are the protected classes under federal law:
- Race
- Colour
- Religion
- National origin
- Sex
- Familial status (having children under 18 in the household, pregnant women, or someone seeking custody of children under 18)
- Disability
States and cities may have additional protected classes under their respective anti-discriminatory laws.
Examples Of Prohibited Questions
The fair housing act limits landlords when asking potential tenants questions that could lead to discrimination. Here are some examples of questions that are not permissible:
- Are you married or single? (familial status).
- What country are you from? (national origin).
- Do you have any disabilities? (Disability).
- What is your religion? (religion).
Generally, any questions that could lead to discrimination based on the protected classes are classified as prohibited questions.
Consequences For Landlords Who Violate The Law
Failure to comply with the fair housing act may lead to severe consequences for landlords who violate the law. Some of the possible penalties are:
- Monetary fines.
- Negative publicity.
- Suspension from renting properties.
- Revocation of business license.
It is essential for landlords to understand and comply with the fair housing act and avoid asking prohibited questions or making decisions based on protected classes.
Frequently Asked Questions Of What Can Landlords Legally Ask For
What Are The Legal Questions Landlords Can Ask Potential Tenants?
Landlords can ask for a tenant’s income, employment history, and credit score. They can’t discriminate based on race, religion, or family status.
Can Landlords Ask For A Social Security Number?
Yes, landlords can ask for a social security number to run a credit check on a potential tenant.
Is It Legal For Landlords To Ask For A Tenant’S Criminal Record?
Yes, landlords can ask for a tenant’s criminal record, but they must follow fair housing laws and can’t discriminate based on criminal history.
Can Landlords Ask For More Than First And Last Month’s Rent Plus A Security Deposit?
No, landlords can’t ask for more than the first and last month’s rent plus a security deposit. They also can’t charge non-refundable fees.
Conclusion
Landlords hold the right to obtain essential information for tenant screening.
While they can legally ask for your employment history, credit rating, or references, they must always respect your privacy and adhere to anti-discrimination laws.
Knowledge is power; knowing your rights safeguards you in the rental market.
Reference
https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights
https://www.hud.gov/program_offices/fair_housing_equal_opp/Know_Your_Fair_Housing_Rights