Rental Application Denial
As a landlord, is my rental application denial justified?
Yes, as a landlord your rental application denial is justified if you have a valid reason. However, you may want to make sure that the reason for the denial of the rental application is not due to race, national origin, familial status, disability or sex.
Reasons for the Rental Application Denial
What are the grounds for the rental application denial?
Failure of an applicant to prove that they are responsible and reliable in making payments is a ground for rental application denial. Past criminal record or bad, mediocre, or non-existent credit history is another ground for the rental application denial. Another ground for the rental application denial is incorrect information provided by the applicant such as unverifiable details regarding Social Security Number, employment contact details, preceding tenant data and references. Inability to provide proof of financials may be another ground for the rental application denial. Lastly, prior evictions and past property damage are also grounds for the rental application denial.
Can a previous eviction be a ground for rental application denial?
Yes, previous eviction is a firm ground for the rental application denial. Potential tenant with a record of property damage such as destroying walls, floor or carpet, or general conditions stand every chance of rental application denial.
Rental Application Approval
What is normally required for a rental application to be approved?
For the approval of the application for rental property, the applicant must be over twenty one years of age. Rental application of a person above eighteen years of age can also be approved if s/he has a co-signer. Full background check of all the occupants above eighteen years of age should be made before the rental application approval. The perfect ratio of income to rent for rental application approval is three to one with a one year job history without a break. There should not be too many negative credit ratings or prior felony convictions in order for the applicant to rent or lease a property.
For rental application approval, is it mandatory that a Social Security number be included in the rental application?
For rental application approval, it is not mandatory that a tenant provide his/her Social Security number. However, a landlord is allowed to refuse a person's rental application for his/her failure to provide a Social Security number.
On a rental forms/ lease application template, I saw a field called co-applicant, can you explain who is a co-applicant?
Co-applicant refers to the person who will be living with the applicant in the leased premises. Both will be sharing the rent of the leased premises and hence need to sign on the rental form.
What are Lease Agreements or Rental Contracts?
Can you explain to me in layman's terms what a lease agreement is?
A lease agreement is a legally binding rental contract entered into between the landlord and the tenant. When the tenant signs a lease agreement it gives him/her exclusive rights to the enjoyment of the leased premises. The consideration in a lease agreement is the rent paid to the landlord. A lease agreement may also sometimes be referred to as a rental agreement form.
Why is a tenant screening done?
A tenant screening is most often done by a landlord to check the credit, criminal background, and eviction records of a prospective tenant after a tenancy application. Tenant screening can help a landlord in minimizing rental income loss.
If I have a property for rent, can employment verification help in reducing rental income loss?
Yes, employment verification can definitely help a landlord in minimizing rental income loss. Employment verification helps the landlord in verifying the employment history and income of the prospective tenant within a rental lease agreement.
What is a rental application/lease application?
I recently heard of the term 'rental application' and was wondering what it was?
Rental applications or lease forms refer to documents used by landlords or property managers to collect information on potential tenants/tenants. A rental application is also known as a lease application. To get a better idea, you should look at a basic lease application sample.
As a landlord, can I reject potential tenants for not filling out rental applications/ lease rental agreements?
Yes, as a landlord you have a right to reject potential tenants for not filling out rental application forms.
Does a landlord have to obtain a rental application?
I have an apartment for lease. As a landlord, is it ok for me to rent my apartment without having my tenant fill out a rental/ lease application form?
Yes, it is fine if you did not obtain an apartment lease application before renting it out. . Landlords can rent their property without obtaining a rental application from their tenants, though it is recommended that they do. A rental application sample will give you examples of important bits of information you may need to collect. Rental/lease application forms give you valuable information about the tenant, such as the tenant's employment history and income. For checking credit history of tenant and credit references, landlords must get tenant's written permission. Rental/ lease applications can be used to obtain the said written permissions and other information.
Who are the parties to a lease?
The parties to a lease are lessor and the lessee. The lessor refers to landlord and the lessee refers to the tenant. The lessor/landlord is the person who owns the property. Lessee/tenant is one who possesses the leased property. The lessor allows lessee to use the property in exchange for monetary consideration called rent. Leasing applications enable transactions between these parties.
Could you define for me who the landlord is?
A landlord is the owner (or otherwise has lawful possession) of a land or a building who has leased some or all of the land or the building to another person or persons for a certain period of time in exchange for monetary benefit called rent.
What would the definition of tenant be?
A tenant may be described as someone who possess or holds the right to the use of a property by agreement with the property owner or landlord. For the duration of the tenancy, the tenant has the right to use the property as permitted by the tenancy agreement.
Rights/Responsibilities of a Tenant
As a tenant, am I required to sign rental or leasing agreement forms after the rental application is approved?
If you decide to rent the property, you will likely be required to sign a lease/rental agreement with the landlord.
How much notice do I need to give if I am contemplating terminating my lease?
When you can or can't terminate your lease will depend on your lease agreement and/or state law which may provide a minimum notice period. Typically leases cannot be terminated prior to the expiration of the term unless a termination provision is provided for in the lease or there are specific legal grounds to terminate (e.g. major property damage, property not habitable, etc.).
Rights of the Landlord
Can a landlord enforce an unsigned lease agreement?
Yes, acceptance of a contract can be made by actions such as moving in and paying some consideration. However, laws regarding the termination of an unsigned lease vary from state to state.
Can a landlord lease his property to a student with no income?
Yes, a lessor can lease his property to a student with no income if the student has a co-signer on his rent application. However, the cosigner should be financially sound enough to cover the cost of the lease.
Can you explain what Lead Based Paint Disclosure is?
Lead Based Paint Disclosure is a seller's or landlord's disclosure of known information about lead based paint in his/her home. Pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, landlords, lessors, or sellers have to provide Lead Based Paint Disclosure to tenants (in rent forms) or buyers if their house was built before 1978.
Details of a residential lease agreement or application
Can you list for me the points typically addressed in a residential lease agreement form?
A residential lease agreement typically addresses the following:
- the type of property being leased, whether residential property or commercial property;
- the address of the leased property;
- the term of validity of the lease;
- the amount, frequency, timing and the mode of the rent payable;
- the amount of security/damage deposit, if any;
- the payment of utilities
- landlord's remedies if the lease is defaulted upon;
In addition, a residential lease agreement may also address the following:
- taxes the tenant may be responsible for;
- landlord improvements and signing incentives;
- tenant improvements and signing incentives;
- obligations of repair/maintenance by landlord/tenant
- whether the tenant can assign or sublet the property;
- minimum notice required for the termination of tenancy; and
- provisions of insurance