If you handle lease applicants for rental properties, you should know the important steps to follow that ensure your compliance with applicable rules and regulations. Following these measures to the letter will make your job—and your client’s life—as stress-free as possible.
What to have in place before you accept applications
The Texas Property Code requires that two items be made available to applicants:
- The landlord’s tenant-selection criteria
- A list of reasons for which an application may be denied.
The tenant-selection criteria may include the applicant’s criminal history, previous rental history, current income, or credit history—any of which may be grounds for rejection if a negative outcome is found. The Texas Property Code also states that an applicant’s failure to provide accurate or complete information on the application form can result in rejection.
Application basics When a prospective tenant is interested in leasing a landlord’s rental property, give the applicant a copy of the Residential Lease Application (TAR form 2003) to complete, sign, and return.
Use the information gathered from the application to determine whether the applicant meets the landlord’s tenant requirements and whether the applicant poses any risk (e.g., criminal history or poor rental history).
A signed application authorizes you as the landlord’s agent to obtain certain types of background information, such as credit reports or employment history.
The applicant should also sign an acknowledgement indicating that you made the printed tenant-selection criteria available. The Residential Lease Application contains the necessary language to meet this requirement and a place for the applicant’s signature acknowledging that he has had the opportunity to review the tenant-selection criteria.
You may collect an application fee from potential tenants to offset the cost of conducting a screening. Applicants should understand that this money will not be refunded, even if their application is rejected.
The landlord may also require an application deposit from a prospective tenant in connection with a rental application. Under the Texas Property Code, this money is refundable to the applicant if he is rejected as a tenant.
Checking an applicant’s credit Once a prospective tenant has provided a signed lease application, you may wish to check his credit to determine if he meets the tenant-selection criteria. The federal Fair Credit Reporting Act (FCRA) requires you to have an applicant’s written permission to run a credit report. The Residential Lease Application (TAR form 2003) gives you this permission.
If the applicant’s credit check turns up an unfavorable result, the landlord may wish to reject his application or may instruct you to take steps to guard against potential risk. Any action that is unfavorable to the interests of an applicant is known as an “adverse action.” Examples of adverse actions include:
- Denying an application
- Requiring a co-signer on the lease
- Requiring a deposit that wouldn’t be required for another applicant
- Requiring a larger deposit that might not be required for another applicant
- Raising the rent to a higher amount than for another applicant.
If the landlord rejects an applicant because of information in his credit report, including his credit score, you must provide certain information to him as required by the Fair Credit Reporting Act. The Adverse Action Notice and Credit Score Disclosure (TAR form 2212) meets the FCRA’s requirements.
Background-check don’ts You should discuss the findings of any background check generally with the landlord; however, you should be aware of two don’ts:
- Don’t give the applicant’s credit report to the landlord without permission from the applicant and the credit-reporting agency that furnished the report.
An applicant must be notified of whether he has been accepted or rejected within seven days from the time the completed application is received or from the time a deposit is received if an application wasn’t provided. According to the Texas Property Code, an applicant will be deemed rejected if he isn’t notified of his status within this seven-day period.
Approving or rejecting an applicant If the applicant is accepted as a tenant, he may be notified within the seven-day period by phone or mail. Notices sent by mail must be postmarked on or before the end of the seven-day period. If the date of required notice of acceptance is a Saturday, Sunday, or federal holiday, this deadline is extended to the next business day.
Once the prospective tenant is notified, he and the landlord can enter into a lease agreement, such as the Residential Lease (TAR form 2001).
If a prospective tenant is rejected because of his credit report or credit score, you should use the Adverse Action Notice and Credit Score Disclosure (TAR form 2212) to notify the applicant of the decision. If a prospective tenant is rejected because he failed to meet one or more of the tenant-selection criteria, you may use this form as well.
Remember that you may have to refund the applicant’s application fee, depending on whether you made the tenant-selection criteria available. In either case, refund any application deposit to a rejected applicant.
If the applicant is rejected for any other lawful purpose, you or the landlord may notify him in writing or orally. However, if you or the landlord do not give him notice of acceptance on or before the seventh day after he submits a completed rental application or the seventh day after the landlord accepts an application deposit, the applicant will be considered rejected.
Reprint from TexasRealEstate.com The Texas Assn. of Realtors