4 Mistakes Landlords Make in the Tenant Application Screening Process

Are you a California landlord and not sure if your tenant screening process is compliant with California’s fair housing laws? A single mistake could expose you to discrimination claims or costly lawsuits.

Hi, I’m Bijan Shakibkoo, co-founder and managing partner at SNS Law Group, and in this video, I’ll share key tips every landlord must know. From using a standard written application for all applicants, to understanding which questions are off-limits, and securing written consent for background checks, consistency is critical.

Tenant screening is your first line of defense, but also one of the biggest legal risks. Let’s make sure you’re protected.

Transcript:

Landlords, are you following the law when screening tenants? A single mistake in your application process can lead to discrimination claims or fair housing violations.

Hi, my name is Bijan Shakibkoo, I’m a co-founder and managing partner here at SNS Law Group. And if you enjoyed this video, please feel free to like and subscribe.

Use a Standard Rental Application

Here are a couple of things you need to know to help you avoid a lawsuit. Number one, use a standard rental application. Always use a written application and apply the same process to every applicant—no exceptions.

This protects you from claims of bias or unfair treatment.

Questions You Are and Are Not Allowed to Ask Rental Applicants

Number two, know what you can and can’t ask. You can ask about income, rental history, and credit. You can’t ask about race, religion, immigration status, disability, or family planning. Even casual comments can come back to haunt you.

Background Checks Must Be Authorized by Potential Tenants

Number three, background checks must be authorized. You need written consent before running credit or background checks. And if you deny someone based on that information, California law requires you to send an adverse action notice.

Use Consistent Tenant Screening Criteria

Number four, maintain consistent screening criteria. Have a written list of minimum qualifications like credit score, income ratio, and rental history, and stick to it. Deviating opens the door to discrimination claims. Tenant screening is your first line of defense but also your biggest legal risk.

Contact SNS Law Group for Questions About Leasing Procecure

At SNS Law Group, we help landlords develop bulletproof leasing procedures. Reach out to us before you list that property. We’ll be more than happy to help.