Tenant Screening Dos and Don’ts for Landlords

Housing discrimination is illegal, and landlords can protect themselves from liability simply by informing themselves about current legal protections for prospective tenants.  For example, as of 2024, it is no longer legal for landlords to find out whether a prospective tenant has ever been party to eviction proceedings unless the proceedings resulted in an eviction; garden variety disputes with landlords over noise or late rent payments are now protected information.  Likewise, landlords may be required to allow tenants with disabilities to bring emotional support animals to their rental units even if the property has a policy not to allow pets; these animals can be any species commonly kept as a pet, so “emotional support animal” is a much broader category than just the service dogs who perform specific tasks to assist people with disabilities.  Landlords can and should perform background checks before deciding whether to sign a lease with a new tenant.  To find out more about the rights and responsibilities of landlords regarding the screening of prospective tenants, contact a Washington, D.C. real estate lawyer.

Maryland Tenant Screening Laws

According to Maryland law, landlords may charge an application fee to prospective tenants, but it cannot be more than $25.  The application fee must be separate from the security deposit, because security deposits are refundable, whereas application fees are not.

Before performing a background check on a tenant, the landlord must obtain written consent from the applicant.  The landlord may request a copy of the applicant’s government-issued photo ID and ask for the tenant’s social security number.  If the tenant owns a vehicle and intends to bring it to the property if he or she moves in, the landlord may ask for the vehicle registration or license plate number.  You should hire a reputable background check service to conduct background checks on tenants who apply to rent apartments on your property.

A “No Blank Space” Policy Can Help You Avoid Trouble

It is against the law to discriminate against tenants based on protected characteristics such as race, family status, disability, and country of citizenship.  You may, however, set minimum thresholds for income; many landlords will only approve tenants whose income is at least three and a half times the rent.  You also have the right to set a “no blank space” policy, where you automatically reject tenants who leave spaces on the rental application form blank.  For example, appropriate responses to an item on the application that says, “list any criminal convictions” including “vandalism March 1996,” “drug possession May 2000,” and “none,” but leaving the answer space blank is a red flag.  You should inform tenants of this before they fill out the form and, ideally, review the form and give them a chance to fill in spaces they have unintentionally left blank before you begin the background check.

Contact Tobin O’Connor Ewing About Pre-Housing Background Checks

A Washington, D.C. real estate attorney can help you comply with the laws about background checks for prospective tenants.  Contact Tobin, O’Connor, and Ewing in Washington, D.C. or call 202-362-5900.

Sources:

rentprep.com/blog/location-based-tenant-screening/maryland-tenant-screening/

azibo.com/blog/how-to-do-a-background-check-on-a-tenant