Death and taxes are two of life’s certainties. But as a landlord, you face one more certainty other people don’t — extreme time deficit. Property management is something that can consume every minute of every hour of your day…literally.

A landlord always has to ensure the safety of an occupied rental property. That it follows all housing codes and is in good repair. And when emergencies, like flooding or gas leaks, arise, a landlord has to respond immediately—even if the problem happens in the middle of night.

Then there’s the small matter of rent. Tenants need to pay on time but sometimes they don’t. As a landlord, it’s your responsibility to not only collect money owed but to stay on top of situations — such as failure to pay rent — that could lead to eviction and/or other legal action. And no matter how difficult the circumstances, you still need to handle these matters without sacrificing your professionalism.

And that’s just for the people who already live on your property.

If you need to find tenants, you have to go through the process of advertising the property online and with brick-and-mortar real estate agencies.  Then you interview potential tenants and do background checks. And even then, you’re not always guaranteed that a new renter will work out to your satisfaction. The person could end up breaking a lease for reasons beyond his or her control, such as a divorce or new job in another city, which leaves you needing to look for a new tenant and scrounging for time to do it.

Herman Boswell can help. Our property management experts work hard to maintain an open line of communication with tenants. Landlords always have the information they need to take the appropriate action. And when it comes time to find new renters, we not only provide you with detailed market analyses of rental property in your area. We also advertise your property through all channels, carefully screen all potential tenants and provide clear leasing guidelines.

We have been proud to serve North Texans for more than 30 years. Our current portfolio includes almost 900 clients and a track record that boasts low rates of eviction and of vacancy.

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Legally, you can use the information you receive through a background check in your rental decisions.  But beware: you must follow state and federal laws very carefully when you (1) obtain a background check and (2) notify a tenant of a housing request denial.

Get permission to do a background check in writing

When you do run a background check, federal law requires you to get a prospective tenant’s written permission.  Smart landlords typically will include this request in their housing applications so they get everything they need at once.

Determine your rental criteria and apply them fairly

You are free to set your own business standards for using tenant background checks in application decisions.  However, it’s in your best interest to ensure that you and any employees you may have are consistent in how you apply these standards to avoid charges of discrimination.

Understand the dos and don’ts of adverse actions

Federal law also requires that you notify a tenant in writing if information from a background check results in an “adverse action” against the tenant.  An adverse action can take the form of:

• an outright denial of the housing application
• requiring the prospective tenant to pay extra security deposit
• having him/her get a co-signer

If you do take an adverse action against your applicant, you must inform the person of the name and contact information of the credit bureau or tenant screening agency, as well as information on how the tenant can get a free copy of this report.

Watch out for criminal background exceptions

While it’s legal for you to deny a prospective renter housing because of a criminal background, a significant exception does exist to this rule.  You can refuse an applicant who has conviction for drug sales or manufacture, but federal disability laws protect recovering drug users.  Bottom line: you cannot use a conviction or simple possession or use of drugs to deny someone housing.

Keeping so many important details straight is one of the most daunting tasks busy landlords face.  But Herman Boswell can help.  Our real estate experts make it their business to stay abreast of all the rules and regulations that affect property management. For the peace of mind you deserve, contact us today!

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