Tenant Application Process

[bcap]

Hi,

I am in the process of looking for a new tenant and wanted to know at what point it is officially considered an "official applicant". I have someone who found my listing that is out of state and feel uncomfortable dealing with them already. They have not visited my property nor filled out an application, just online conversations online through email. Do email conversations count as of application? I have not said yes or no to this person, but I fear if I say no I could get in trouble for discrimination.

[sunlover]

You do not have an application so right now this person is just talking to you. Have you run a credit/background check? Has this person given you monies to hold place? What is your reason you do not want this person in. Discrimination only applies to "protected classes" and not all discrimination is illegal

Hi,

Thank you for your reply. It is sincerely appreciated.

My concern is that I may or maynot have lead in my apartment (in MA) and his child. I think I do have lead in my apartment since its from 1910. I did a home test that appears that it may be positive (but im not 100% sure if I did the test right). But, I would assume there is lead. I have not had a professional come do a test.

The person inquiring has sent me links stating that by MA law, if I know that I have lead I must fix the affected areas. By sending me these legal websites is making me feel somewhat threatened ... Not the ideal way I would like to start a relationship with a new tenant. I am also nervous becuase it is a two-family (owner occupied as I live there) and he wants me to rent him the apartment without coming to the premises first (which is somewhat understandable becuase he lives in FL now).

No, I have not sent him a rental application, done a credit check, or accepted any deposts ETC.

Thank you and I look forward to hearing your thoughts.

[sunlover]

In many states you are required to fix any lead issues if children or children under age six will reside there. However once again unless you emailed, told or otherwise hinted you would rent this dwelling to this person they hav eno claim. Once more though if there is a lead issue you should not be offering this dwelling for rent

Hi,

To officially verify if there is lead, would that need to be done by a professional or is a home test enough by law?

[sunlover]

Originally Posted by Unregistered Hi, To officially verify if there is lead, would that need to be done by a professional or is a home test enough by law?

Ok let me make sure I understand. Your aware of a life threatenning issue within a dwelling. Now you want to know if you have to do anything about it pending a professional opinion?

To be honest with you, the home test I did does not indicate either the colors that it says on the package it should be. it says red if there is lead and yellow if there is not, it was a light brown.

The apartment has been painted twice in the last 4 years (when I bought it I fixed it up) then my last and only tenants painted over it. I am still concerned there is lead becuase of the age of the house.

Until the last few days I admit I have been ignorant to all of this (which I understand is not a good reason). But, I do want to do the right thing and am in the learning process of what that is.

What I did not communicate well is that I am not confident in the test I took myself. If there is lead, I understand I need to fix it. I would feel more confident about getting professional advice.

You have no obligation to this person. He has not officially applied for your rental (submitted a signed application), nor has he been screened to see if he is qualified. You have not accepted him as a tenant, told him he was qualified to rent your unit, accepted any money from him, nor signed any rental agreement with him. You are only discussing the POSSIBILTY of renting the unit with him. If you or he want to be considered as an applicant, the first step would be to fill out a written application. Without that, you cannot even consider him. You certainly couldn't discriminate against someone who has not even submitted an application. Send him a thorough one, ask him to complete it and sign a release to check all the info below, and return it to you with the application fee.

I would not consider any person without that signed application, a complete and thorough screening process, verification of employment and wages, rental history, criminal and civil court background checks, credit reports, etc. And you should accept no one without meeting the person and having them see the unit in person. You need to see them in person to verify their ID and have them sign the paperwork. That is reasonable in this age of identity theft. (I don't accept faxed leases - you have no idea who actually signed it.) If this person is being transferred to a new job, he should come and visit the area and view units, or have a representative of the company come and do so. Looking at the unit in person may end some of his fears.

The lead is an entirely different subject. You must know the lead laws of MA. They are some of the strictest in the country from what I hear. Call HUD and ask what requirements you would have if you were to rent out a house. You can tell them that you are only considering making it a rental. But you MUST follow state laws on lead testing and abatement before you can rent this unit.

Perhaps this man is only concerned about his child and that is why he is telling you about the lead law. You cannot fault him for his concern. He may have read a bad news story about lead poisoning recently, or had an experience with another LL that makes him worried. Or he may be a real pain. You don't know yet.

Thank you for your time thoughts and effort and thank you again. I will do all recommended.