Editor’s Note:Hal Cranmer has had a wild past. Born in India, he’s lived all over the world and started his working life as an Air Force Special Operations and Commercial airline pilot. After 9/11 brought him down from the clouds, he entered the corporate world and rose to the level of running a $36M machining plant. Yet from 2006 on, he caught the passion for real estate investing. He flipped a bunch of houses in Minneapolis and still owns several multifamily rentals there. Lately, he is into assisted living, and owns 5 assisted living homes in the Phoenix area. He loves to follow real estate trends, both locally and nationally.
As an ongoing contributor to Mogul’s “Market News Updates,” Mr. Cranmer provides us with his own unique, lively and thought-provoking commentary on the timely industry news and events of today that are impacting our industry. And be sure to check out our other super-helpful Market News Updates. For now, enjoy...
From Hal Cranmer…
With the market ripe for rentals, I thought we’d share some super helpful info about that.
So, it’s standard protocol that when you hire a new tenant, they have to undergo a standard tenant screening process.
It’s different for everybody, but the screening criteria generally looks at these factors:
Credit history
Criminal history
Employment history
Rental history
There are different ways to determine whether the candidate is a good fit or not, such as high income and a good credit history. There are also the not-so-good signs that make you want to bolt for the door…
Not everyone gets approved for a lease. For applicants who don’t make the cut, it’s better that you inform them immediately in writing. Keep a record that you did inform them as well. In most states it’s required to let tenants know why they were turned down. You can find a state-by-state list of the landlord and tenant laws here.
Before we go into some of the ways you can legally turn down applicants, let’s summarize the reasons you can’t turn down applicants as of 2018:
Race
Color
Religion
National origin
Gender
Age
Familial status (having children)
Physical or mental disability
The physical or mental disability protection includes alcoholism or drug addictions, so be careful about denying a tenant for that reason. Criminal drug convictions are still a legal reason for denying an applicant.
5 Reasons to Deny Tenants
It’s easy to identify if an applicant is qualified. However, it may be a little tricky to know whether you should deny them. Here are the top 5 legal reasons why you may opt to deny an applicant:
1. Criminal History
You might notice that many landlords have the notion that criminal records say more about the applicant than credit history – for obvious reasons.
If your tenant has a relevant criminal history, it puts your property and the neighborhood at risk and it makes others feel uncomfortable.
To help you with this decision, the U.S. Department of Housing and Urban Development (HUD) set detailed guidelines on how to handle applicants with criminal records. In 2016 HUD changed the rules. They are now saying that when you evaluate criminal history, landlords must consider the:
Nature
Severity
Age of any conviction
You must also consider some other factors, such as the applicant’s age at the time of conviction, whether the applicant has a positive post-conviction rental history and whether the applicant has rehabilitated.
Although HUD is not disallowing you from rejecting an applicant based on criminal history, they are saying minorities are convicted a disproportionate amount of time. Their thinking is that minorities may be discriminated against because they are arrested more.
HUD also states that an arrest is not an indication of criminal history.
The bottom line is that if you are denying someone based on their criminal history, especially if they are a minority, you need to have a solid documented case of why you denied them, to show no discrimination.
It would be good to have a written set of policies and procedures for rental applicants to show you apply the same criteria to every applicant.
2. Screening Criteria Has Not Been Met
If your tenant screening process complies with the relevant fair housing laws and landlord-tenant laws, then it’s acceptable to deny an applicant if they don’t fit your standards. Here are some of the most common reasons:
The tenant doesn’t make enough money to afford the rent (typically the tenant’s income needs to be 3x the monthly rent)
The tenant smokes and you don’t allow smoking
If a tenant owns a pet and you don’t allow pets in the building
If the tenant tries to have too many people in a small unit
These are just some of the many reasons on why it’s okay to deny an applicant. To save time and effort, it’s better if you mention all your criteria in the rental advertisement so you don’t have to screen applicants who clearly cannot follow your rules.
Be careful with the ‘too many people’ criteria...
Many cities will set a total number of occupants allowed when they give you a rental license for a building. However, you can also be in trouble if you turn down someone because you only want 2 people in an apartment. A family may apply that has a kid or two. It might be seen as discrimination if you say you only want two people in the place.
One criteria that varies throughout the country is Section 8 (Government Housing Vouchers).
It used to be that any landlord nationwide could turn down Section 8. Now more and more cities are having trouble finding homes for their Section 8 tenants. So, they are starting to pass ordinances requiring landlords to take a Section 8 tenant if the tenant meets all the other criteria in the application.
You can find a guide to the regulations for each municipality here. You can also contact your local Fair Housing Agency.
3. Eviction Record
I’m pretty sure you’re not willing to bear the burden of having to evict a tenant. Evictions can cost the landlord an average of $3,500 once you add up all the expenses. And many independent landlords find this hard to swallow.
Which is why you want to take a closer look at prior evictions. Although prior performances are no guarantee, they are most likely predictive of future evictions. You may want to ask for an eviction report to go along with the criminal history and credit record.
4. Poor Credit Check
When it comes to credit history, every landlord has a different say…
Low credit scores do not mean you’ll get disqualified immediately, however, it can be an advantage. You should also look for warning signs, such as tenant judgment, past bankruptcies, and most importantly, collections for unpaid rent since these can indicate future problems.
Remember that many people are renting because they don’t have the credit to buy a house. Automatically rejecting someone for bad credit may severely limit your potential rental pool.
When you do come across someone with bad credit, you may want to dig deeper to find out why. If it’s something you can live with, you can waive this requirement.
Just make sure you dig deep and waive every applicant the same way, if you do it. That way you avoid discrimination charges.
Here are some ways to ‘dig deep’ on a credit score:
Have someone cosign
Figure out why they have a bad score – maybe a one-time medical emergency
Charge more for the security deposit or rent
Ask for several month’s rent up front
Have them prove to you they can pay (show funds in the bank for instance)
5. Poor Reference Checks
It also helps if you contact their previous landlord to see how they were (or are) as a renter.
One way to make sure they don’t have you call their buddy is to ask the landlord questions such as when did they buy the property. A renter’s buddy won’t know the answer. You can easily verify what they say on a local property tax website.
Many property management companies won’t provide a rental reference without a signed release from the tenant, so make sure you have one. Also don’t ask opinion questions such as: ‘What did you think of John?’ Opinions can get people in trouble legally.
Ask objective questions such as:
How long did they rent from you? (Indicates how long they will stay in your place)
Did they pay their rent late?
Did they cause any damage?
Did you return their full security deposit?
Landlords generally want to help each other out. Answers to questions like those above are clear indications that can help you decide whether the applicant should be accepted or not.
Notifying the Applicant
Make sure to follow all relevant laws concerning denying an applicant or notifying them of any other activities relevant to their application. If you’re not sure on how to deal with an applicant, it’s best to consult a reputable attorney.
Finding the right tenant for your property requires more than just a quick glance at their appearance or a scan through their Facebook page.
It’s very important to conduct a thorough tenant screening process so you can sift through all the applicants.
But know that it may cost you a lot of time and money.
So, there are multiple ways you can prescreen your applicants to avoid wasting time, such as:
Publish a rental advertisement that highlights your rules and regulations regarding smoking, number of people in the property, late fees, pets, payment due dates and other relevant details. This gives the applicants a hint of whether they can qualify or not.
Also, add these policies to the lease agreement to prevent miscommunication.
If the applicant is still interested, you can meet them personally and show them to property. Talking to them in person gives you a glimpse on who they really are.
It’s not enough to judge a person based on your first impression of them. So, you really need to check into their criminal, credit and eviction history. With that info, along with your first impression, you’ll know who they are, their ability to pay rent or when they pay rent.
Also check their most recent pay stub to ensure that their salary is more than enough to cover their needs plus rent.
Whether you approve or deny an applicant, it really helps to communicate with them thoroughly. If you think that an applicant is qualified, notify them immediately and rent the property out to them.
Until you’re sure that your first-choice applicant is still interested in the property, don’t reject your second choice just yet. You can inform other applicants that the company has taken other applicants.
Disclaimer: We are real estate investors not lawyers. This lesson is for informational purposes only. Obtain competent certified advice for any legal matter affecting your rental business.
Thoughts?
Have you ever denied an applicant before? How did you deal with it? Let us know in the comments below.
Is there a topic you'd like to learn more about? Request a Lesson
Hal Cranmer
Hal Cranmer has had a wild past. Born in India, he’s lived all over the world and started his working life as an Air Force Special Operations and Commercial airline pilot. After 9/11 brought him down from the clouds, he entered the corporate world and rose to the level of running a $36M machining plant. Yet from 2006 on, he caught the passion for real estate investing. He flipped a bunch of houses in Minneapolis and still owns several multifamily rentals there. Lately, he is into assisted living, and owns 5 assisted living homes in the Phoenix area. He loves to follow real estate trends, both locally and nationally.
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disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
includes MP3 format files;
amounts to a 'pyramid' or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RealEstateMogul LLC. OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Floridain connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Tampa, Florida. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.
Your privacy is very important to us. We want to make your experience with our company as enjoyable and rewarding as possible, and we want you to use our vast array of information, tools, and opportunities with complete confidence.
This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of our website.
“You” or “Your” means you as a participant in or as a user of a Real Freedom Inc website. “We” or “Our” or “Us” means Real Freedom Inc. “Our site” means realestatemogul.com or any of our other websites on which you found this privacy policy.
All information transmitted, printed or otherwise submitted to Real Freedom Inc via this website shall be deemed to be the property of Real Freedom Inc and Real Freedom Inc shall be free to use such information for any lawful purpose as detailed herein.
This site contains links to other sites and we are not responsible for the privacy practices or the content of such sites.
We reserve the right to release such information to law enforcement or other governmental officials as we, in our sole and absolute discretion, deem necessary to comply with the law.
Section 1: Collected Information
We automatically collect and/or track the following:
Webpage http headers (home server domain names, IP address, type of client computer, and type of Web browser);
information knowingly provided by you through on-line forms, registration forms, surveys, and/or other entries, such as email addresses, personal, financial or demographic information;
information, user specific or aggregate, on what pages our visitors access; and
E-mail addresses of visitors who communicate with Real Freedom Inc via e-mail.
Section 2: Use of Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our company and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes (both via email and through using your email address for targeting on sites such as Facebook.com), and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails, display and native advertising or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
Section 3: Disclosure of Data to Third Parties
If you choose to provide personal information, it will be used for the following purposes:
considering you for a Real Freedom Inc product;
as required by law; and
for marketing products and services which we determine, in our sole judgment, that you might find of interest. We reserve the right to share, rent, sell, or otherwise disclose data we collect to third parties. Any third party we share, rent, sell, or otherwise disclose data to will be prescreened by us, determined by us to be reputable, and will use the personal data for marketing products and services which we determine, in our sole judgment, that you might find of interest.
Section 4: Your Opt-Out Rights
You may opt-out of receiving communications from us and/or our partners by not submitting your information. We also allow you to remove your information from our marketing lists. If you remove your information from our marketing lists it will no longer be used by us to send promotional correspondence to you. You can remove your information from our marketing lists by clicking on the “Unsubscribe” link at the bottom of every email we send you, or by sending your request, in writing, via email to: supportATrealestatemogulDOTcom (Please replace “AT” with @ and “DOT” with .)
Section 5: We Do Not Intend to Collect Data from Children
The information and services provided to us or our affiliates, sponsors, and advertisers are not intended to be viewed by children (under 18 years old). No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside Real Freedom Inc. No part of Real Freedom Inc’s website is structured to attract anyone under the age of 18.
Section 6: Our Right to Contact You
We reserve the right to contact you regarding your account status and changes to subscriber agreements, privacy policy, or any other policies or agreements relevant to you.
Section 7: Our Right to Change
We reserve the right to change this policy at any time by notifying you of the existence and location of the new or revised privacy policy or by posting the changes online at our site.
Section 8: Our Contact Information
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact us via email sent to: supportATdigitalmarketerDOTcom (Please replace “AT” with @ and “DOT” with .)
Section 9: Anti Spam Policy. Can-Spam Act Compliance
Real Freedom Inc is dedicated to ensuring compliance with the ‘Can-Spam Act’, which took effect January 1, 2004. You may receive email from Real Freedom Inc in the following circumstances:
Acknowledging your application has been received and requesting additional action
Requests for additional information to support your current application
Response to your inquiries regarding the status of your transactional requests
Thanking you for your valued business
Advertisements for our products, services, changes in services, new product availability
Advertisements for third party products and services where we have determined that such product or service may be of interest to our customers
Section 10: Information for ISPs
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
United States supportATrealestatemogulDOTcom
(Please replace “AT” with @ and “DOT” with .)
Real Freedom Inc understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns you may have regarding our email policies. Real Freedom Inc and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies. Real Freedom Inc email messages sent always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
From time to time, Real Freedom Inc will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us, among other things,
that the data was collected voluntarily from individuals on website registrations and co-registrations,
that the sellers have a right, under any applicable privacy statements, to transfer the data to us, and
that Real Freedom Inc has the right to send marketing offers to the individuals.
We hope this information satisfies any questions or concerns you may have regarding the email practices of Real Freedom Inc. If you have additional questions or wish to discuss this matter further, please contact us at: supportATrealestatemogulDOTcom (Please replace “AT” with @ and “DOT” with .)
Hi - we do everything in our power to run a good, clean business and help people succeed.
We've been in business for nearly a decade. Our mission is simple: help 1,000,000 people live lives of greater freedom. That's what gives us juice and passion.
Unfortunately, there are people and companies who do bad things and make products that don't work at all or don't work as advertised. That behavior hurts everyone.
The bottom line is there is no such thing as magic. There is no magic unicorn that will appear on your doorstep and start pooping gold bars or giving you free money.
Just because people in this program have made lots of money doesn't mean or imply the same will happen to you. In business, and in life, there are no guarantees.
Any one of the people who we happen to feature in this program have a BIG WHY - they want to make a difference and help themselves, their families, their employees and customers succeed. They want more and they apply themselves, they get outside of their comfort zones, acquire new skills, work like crazy, make mistakes, and fail, BUT THEY DON'T GIVE UP.
They implement. They don't quit. They serve. They didn't blame someone or something else for their mistakes or failures - instead, they do the HARD WORK that it takes to make a difference.
They use our tools, systems, psychology, mindset, training, community and events to succeed.
If you're the type of person that isn't willing to roll up your sleeves, learn, explore, grow and focus on helping other people succeed, our programs aren't for you.
If you're a blamer, whiner, malcontent, or just downright lazy, our programs aren't for you.
But if the content is this program and our videos resonate with you - and you can see the possibility and potential that this can work for you, then WELCOME HOME. You're in the presence of REAL PEOPLE who are helping REAL BUSINESSES succeed, thrive and survive.
It would be both mine and my team's pleasure and honor to serve and support you so you can EARN MORE, LIVE MORE and GIVE MORE.
Sincerely,
Preston Ely, CEO
RealEstateMogul LLC
FULL EARNINGS DISCLOSURE:
RealEstateMogul LLC. (The Company) does not guarantee income or success, and examples shown at RealEstateMogul.com do not represent an indication of future success or earnings. The Company declares all information shared is true and accurate, and any claims made of actual earnings or examples of actual results can be verified upon request.
The earnings, revenue and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
Each of the purchasers of our products and services who have provided their endorsement or testimonial for use on this site have received a refund in the amount of the cost of the product and service in exchange for their endorsement or testimonial.