Landlord can’t evict tenants for being Bears fans

We’re not sure how legitimate this claim is, but it gave us a chuckle and brought up a decent point about discrimination in the business of property management, so we thought we’d pass it along:

A landlord recently posted on the Landlord Protection Agency forum asking about the legality of evicting tenants who supposedly lied on their tenant application about being fans of the Green Bay Packers. After the couple moved into the home – which is within walking distance to Lambeau Field – they placed lawn ornaments, flags and other paraphernalia outside the home proclaiming to be Chicago Bears fans. This drew the ire of the absentee landlord, a Packers fan who is renting out his home until he retires in a few years and heads back to his beloved Green Bay.

According to the landlord, the tenants’ Bears paraphernalia had angered the neighbors and he was wondering if lying on the tenant application was grounds for eviction. The short answer is no. Lying about one’s employment or criminal record could be grounds for an application to be rejected, but someone’s affiliation with or involvement in a particular club, sport, team, church or other organization is protected under privacy laws. It’s unlawful to deny housing based on something that does not threaten the life or well-being of anyone, and is none of the landlord’s business.

While we’re on the subject, let’s also review the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), which outlawed:

• Refusal to sell or rent a dwelling to any person because of race, color, religion, sex, or national origin.
• Discrimination based on race, color, religion or national origin in the terms, conditions or privilege of the sale or rental of a dwelling.
• Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin.
• Coercing, threatening, intimidating, or interfering with a person's enjoyment or exercise of housing rights based on discriminatory reasons or retaliating against a person or organization that aids or encourages the exercise or enjoyment of fair housing rights.

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Unmarried couples should be treated equally and fairly on the lease

In this day and age, a lot of unmarried couples live together. While this is perfectly acceptable and should never be a form of discrimination based on your religious beliefs, landlords need to be careful to treat both adults equally and fairly when it comes to the tenant screening process.

Assuming both are adults over age 18, always have both parties fill out a rental application form, and run a credit check and background check on both of them. You never know what will turn up. Depending on how long they’ve been together, there’s even a chance one person’s past isn’t known by the other person. That’s not to say it’s up to you to disclose anything negative you find, although they are entitled to know why they are being denied if you do decide to reject their application based on something that turned up during tenant screening.

Also, get both parties to sign the lease. Even if one says he/she will be carrying the burden of the monthly rental payment, there’s no guarantee they will stay together. If one moves out, the other needs to be on the lease and therefore legally bound to uphold the tenets of the lease agreement.

No matter what they call each other, to you two unmarried tenants are merely roommates, and should be treated accordingly

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Offering free perks to tenants can strengthen relationships and reputation

The largest landlord in the U.K.’s Peterborough area is offering its 10,000 tenants free IT training this fall. Cross Key Homes will be providing the free training to any tenants who want it. The effort is an attempt to provide a service the company believes is critical to today’s lifestyle.

“We believe that it is essential that our tenants are able to use computers and have access to the internet,” Tracey Croucher, community program manager for Cross Key Homes told The Peterborough Telegraph. “In these changing times so much is being done via the internet from job applications and shopping to applying for benefits. These courses will show tenants that computers and the internet are not as scary as they might seem.”

The initiative is an excellent example of how property managers can do more than make sure the rental property they manage is kept clean and its residents are happy. Giving tenants more for their money, in this day and age, is a worthy goal and can foster a deeper sense of satisfaction and loyalty to the property and the property manager. When tenants are given something above and beyond what they’re expecting, their favorable opinion of a property manager skyrockets. And with today’s social media outlets, those opinions quickly spread, becoming public opinion.

Is there a service or special amenity you think your tenants would appreciate? Chances are it wouldn’t take a lot of effort to make a huge, lasting impact on tenant-landlord relations.

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Tips for landlords to get through their tenants’ divorce

There are several things landlords hate to hear from tenants, and one of the trickiest ones is “We’re getting a divorce.” When your tenants begin the process of divorcing, it can throw a whole bunch of legal and ethical questions into the rental property mix. To help you out with this potential life event, we’ve broken down the issue to address some common questions:

1.     Who stays in the apartment? If both spouses are on the lease, the landlord cannot legally bar one tenant from the property. Don’t change the locks, kick someone out or do anything without a court order.

2.     What if there’s a restraining order? Divorce can be amicable, or it can get ugly. If there’s been an arrest, or even suspicion, related to domestic abuse, contact your attorney for legal advice before becoming a vigilante and attempting to evict someone on your own.

3.     Who is responsible for paying rent?  Whoever is on the lease. This doesn’t change until a court order changes the breakdown in responsibility for the couple’s financial obligations.  Both tenants might try to play you against the other. Stay out of it as much as possible, referring both to the original signed lease specifying who agreed to make timely rental payments and maintain the property.

Divorce is a tricky, sticky, emotional time for anyone going through it. As a landlord, you can be there to assist with the maintaining of the rental home, but otherwise respect their right to privacy and stay out of the mess. It’s better for you in the long run.

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New landlords must work hard to follow landlord-tenant laws

When new landlords get into the business, sometimes they think success comes down to using common sense and building relationships. They think if they perform the proper tenant screening and get someone to sign a lease, they’ll be good to go.

While in theory these are two of the most basic practices in the business of renting property, a good landlord understands that the tenant-landlord relationship is regulated by very important laws, laws you should familiarize yourself with before that first lease is signed. Most aspects of landlord-tenant relationships are regulated by state and local landlord-tenant laws. But federal law also comes into play, especially when it comes to preventing forms of discrimination when selecting tenants and making proper accommodations for their needs.

Landlord-Tenant Law protects landlords and tenants in the renting of real property, both residential and commercial. It defines the rights and obligations of landlords and tenants during the tenancy. A number of states have based their statutory law on either the Uniform Residential Landlord and Tenant Act (URLTA) or the Model Residential Landlord Tenant Code. Some city and county governments also have enacted various landlord-tenant regulations that you should be aware of before beginning your business.

Failure to obey the law can be costly, and ignorance of the law is not a legal excuse. So look up the various state and local laws and read through them carefully before you select your first tenant and sign your first lease.

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For new landlords, knowledge is power

Landlords who are new to the business can sometimes be naïve to the amount of things they need to know right off the bat. It’s not enough to have a great rental property ready for a tenant, or to have researched the market to figure out an appropriate amount to ask for in rent. There are rules and laws and inside information every new landlord should find out before getting that first lease signed. 

Because you don’t know what you don’t know, we’ve made it easy by outlining the most important things a new landlord should research before beginning your business. 

1. Become very familiar with the state landlord-tenant laws in the state where your rental property is located. 
2. Read, internalize and follow the federal Fair Housing Act of 1968 and the federal Fair Housing Act Amendments Act of 1988, to make sure you’re not breaking any laws regarding discrimination when screening and accepting (or rejecting) prospective tenants.
3. Research a reputable tenant screening service to carry out this most important part of your business. If you sign up with the first (or cheapest) fly-by-night screening service you find on the internet, chances are you’ll get what you pay for.
4. Join and participate in the local landlord association where you are. You can make  great contacts and get tips and insider info from this local resource.
5. Check into the building codes for your neighborhood, as well as any neighborhood association laws and rules that your tenants (and you) might be expected to adhere to. 
6. Find a good lawyer who specializes in landlord-tenant law, and use that resource to check leases, eviction notices and any other legal documents or forms of communication between you and your tenant.  

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The first impression is a crucial step in the tenant screening process

A lot has changed about the tenant screening process and the world in recent decades. We are a more casual society – we dress more casually, speak more casually to strangers, among other things. Still, you can tell a lot about a person from his or her first impression, and that is still an important step in the tenant screening. Sure it’s crucial to obtain their credit report and conduct a background check, to verify their employment and check references. But meeting a prospective tenant face to face satisfies a “gut check” that you can’t get strictly from a written report. 

There are a few things to look for when meeting a tenant applicant at the rental property, things that can go a long way toward helping you decide whether the applicant is worthy of becoming your tenant. 

• His attire. Applicants likely won’t treat your face-to-face meeting like a job interview; they mostly dress casually, and that’s fine. But are the clothes clean and presentable? Is there basic hygiene? The way a person presents himself says a lot about the value they place on themselves and their interactions with others. If he doesn’t respect himself, he might not respect you. 

• His interest. Does he seem honestly interested and excited about the prospect of living in the home? Is he engaged and open with you? 

• His questions.  Does he ask questions about breaking the lease, pets and other rules that lead you to believe he’ll be trying to get one over on you? 

• His application. Are there misspellings and blank spaces? Is it completely filled out? Is he making excuses about what an ex-landlord or employer might say when you call his references? These are all red flags to keep in mind when conducting the tenant screening.

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