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Landlord Tenant Resources
Landlord FAQs
Questions landlords typically ask about tenant screening and rental management:
Can a landlord pull a credit report on an existing tenant?
No. You must have a valid business reason to pull someone's credit report. Since tenant credit is a preliminary screening tool, the landlord no longer has a valid reason to pull once the consumer has entered a rental or lease agreement with the landlord.
Can a landlord pull a tenant criminal report on an existing tenant?
Criminal reports are considered "second level" tenant screening. A landlord may pull a criminal report on an existing tenant as long as they first obtain the consent of the tenant.
Can a landlord refuse to rent to an ex-convict?
Landlords are legally free to choose between prospective tenants without any stated reason, as long as the decision is made for valid business purposes. Bad credit, low income, or past history of property damage are a few criteria landlords may use. Consistency is the key. Whatever your criteria, it must be applied equally..to all prospective tenants, ex-convict or not. There are only three places (California, New Jersey, and Madison, Wisconsin) in which the law prohibits denying and ex-convict the right to rent for that stated reason alone. For more information, consult our Landlord Tenant Law section below.
How do I go about evicting a tenant that won't pay rent?
Performing a rental eviction is a step-by-step process that must be followed in order for the landlord's case to stand in court.
The landlord must first notify the tenant in writing that rent is due and that failure to pay the past due rent will result in eviction.
The written notice must contain: how much rent is due, deadline for payment, and where and to whom the rent must be paid. Even in the most straightforward rental eviction cases, consulting an eviction attorney is recommended. An eviction attorney specializes in rental eviction cases, and can actually save a landlord money in the long term over lost rent, lost court cases, and judgements against the self-represented landlord.
What is the difference between a rental agreement and a lease?
A rental agreement s month to month and renews itself automatically until either part terminates the agreement. A lease is a binding contract that commonly lasts for 6 to 12 months, sometimes longer. Neither party can relinquish this agreement without penalty. However, the landlord always has the right to evict a tenant with a valid reason. Additionally, the landlord may not raise the rent or change the terms of a lease without the agreement of the tenant.
Can a landlord refuse to rent to persons with certain types of animals, breeds, or weights?
Yes. However, they must accommodate for service animals. (Seeing eye dogs, etc.)
What about pet deposit agreements?
A landlord can charge a reasonable pet deposit disclosed in the lease or rental agreement. It cannot exceed that state maximums for pet deposits.
More answers to commonly asked tenant screening questions can be found here:
How to Screen and Select Tenants
Useful Landlord Tenant Forms
Click here to go to our landlord tenant forms page, where you'll find free downloads of tenant release forms, eviction forms, lease forms and more.
Landlord Tenant Laws By State
Click here to review landlord tenant laws in any of the 50 states.
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