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Be careful with discriminatory questions which can land you in court

Some questions are considered discriminatory because according to the US Department of Housing and Urban Development ("HUD") they can be used indirectly to discriminiate.

Speak with your attorney about this, and avoid questions about past criminal record or if a prospective tenant has a "service animal" or "support animal". Remember you always can (and should) run a credit and criminal background report, and any support or service animal a tenant may have should also be accompanied by official documentation.

Our tenant application covers the below questions:

Proof of credit worthiness

• Current credit report - Get their current credit report evaluated within the last 45 days.

Proof of financing, employment, and employment history:

• Verify their current place of work
  • Employed by others
    • Obtain a signed letter from their current HR dept or equivalent that confirms status and includes either their last 3 pay stubs or a signed letter on letterhead from their HR department indicating their salary.
    • Obtain prior 3 places of work - including employer HR department contact info and telephone number. Verify and ask questions
  • Self-employed or Retired
    • have their licensed accountant, financial advisor, attorney, or bank manager send a signed letter on letterhead along with contact information, indicating the tenant’s ability to pay $_____/month in rent
• Review/Confirm the financials on their tax filings
  • Copy of current and last 2 years 1099 and/or W2 forms

History of residence:

• Current address, landlord, and/or management company with contact info. Verifiable with a current utility bill.
• Last/Prior 3 places they lived. If they rented at any time in the past 7 years include their previous landlord or management company and their telephone contact.
• Obtain letters from current or previous landlords in the past 7 years indicating who was on the lease, and that they were (are) good tenants that paid on time. This is where you find out if they were a pain in the ass or a good tenant

Personal references:

• Obtain email, physical address, telephone, contact, their relationship with the tenant. Verify and ask questions. I usually ask these people for yet other people that know the tenant and call them as well. This is where you find out the kind of individual you are dealing with.

Proof of ID

• Social Security Card
• Driver’s License
• Current utility bill

Many add their own questions, so long as they cant be construed as "discriminatory"

• whether you will allow smoking in the house
• whether you will allow pets in the house
• when you can start showing the property to get it rented
• how much of in deposits you will hold
• what credit score you will accept
• Up to how much in repairs will tenant be responsible for

I once found this on the table-top inside a rental

"Prospective Tenant - Please answer the following questions by circling the answer that you feel best describes you:"

• My respect for rules is similar to: (1) Jordan Belfort, (2) Andy Griffith, (3) Beulah Balbricker
• Pet affinity: (1) Pet Hoarder, (2) Pet lover (3) Hunan chef
• Cooking Etiquette: (1) Cooks broccoli regularly (2) Cooks broccoli on occasion (3) Respectfully never cooks broccoli
• Drives the following: (1) Maseratti (2) C-Class, (3) Mini, (4) Sedona, (5) Challenger, (6) station wagen, (7) Pinto, (8) a horse, (9) Prius
• Taste in furniture: (1) Restoration Hardware,(2) City Furniture, (3) Homegoods, (4) Re-store, (5) Salvation Army, (6) Yeshiva 3rd hand outlet, (7) Ikea
• Sense of humor: (1)Seinfeld, (2) Chris Rock, (3) Dice (4) Gilbert Gottfried, (5) Jackie Mason, (6) Kim Jong-un, (7) Bob Sagett