Why You Should Use a Rental Application

Jul 11, 2024

Why You Should Use a Rental Application

Introduction

  • Presenter: Vitaliy Volpov, attorney, real estate investor, and part owner of a real estate brokerage in upstate NY.
  • Channel: Discusses legal concepts, real estate investing strategies, and personal finance.
  • Disclaimer: Not legal or financial advice; for educational and entertainment purposes only.

Importance of a Rental Application

  • Vetting Tenants: More comprehensive than just background and credit checks.
    • Truthfulness: Cross-reference tenant's responses regarding past residences.
    • Financial Responsibility: Insight into tenant's view on finances and responsibilities.
    • Information Gathering: Collect data for potential future collection of money judgements.
    • Legal Protection: Mitigate fair housing discrimination claims if crafted correctly.
  • Potential Pitfalls: Poorly crafted applications can violate fair housing laws and increase liability.

Essential Information in a Rental Application

  1. Personal Information

    • Full name, Social Security number, Date of birth, Driver’s license number, Phone number, and Email address.
    • Important for identifying and potentially suing tenant if necessary.
  2. Rental History

    • Past residences (last 5 years), Landlord names and contacts, Move-in/out dates, Reasons for moving.
    • Call previous landlords for references; prioritize prior over current landlord's info.
  3. Employment Information

    • Employer’s name, Contact info, Supervisor, Title, Monthly gross income (should be 3x monthly rent).
    • Other income sources.
    • Verify income through screening services like RentPrep.
  4. Financial Responsibility and Mindset

    • Probing questions: Lease term intention, Smoking habits, Potential rent payment issues, etc.
    • Avoid prohibited questions, such as criminal history or eviction records in some jurisdictions.
    • Be cautious with questions about pets and occupants to avoid discrimination perceptions.
  5. Qualification Standards

    • Provide applicants with selection criteria: Minimum credit score, Positive landlord references, Income requirements.
    • Ensure criteria are consistent between advertising and application to protect against discrimination claims.
    • Importance of consistent standards and implementation.
  6. Authorization for Background Checks

    • Inform applicants of checks (background, credit, employment, landlord history).
    • Obtain express written consent from applicants for third-party verifications.

Final Reminders

  • Sample Application: Link provided for a free sample (not jurisdiction-specific).
  • Legal Consultation: Always consult a knowledgeable attorney for compliance with local laws.
  • Engagement: Encourage viewers to ask questions, like, and subscribe.