Unmarried Couples & Privacy Laws?

Question

I have an unmarried couple that has applied to rent my SFR. While the female of the couple seems to be on the up and up, the male is throwing up red flags everywhere.

I have been dealing with the female and feel that I need to deny them based on all the info that does not add up on her boyfriend. She does not have enough income or rental history to qualify on her own.

What am I allowed to disclose to the girlfriend when I call to deny? Anyone familiar with privacy laws?

Colleen F. · Answer

On the privacy laws you can't release to her information about his credit etc. You can say the application that the two of you have made does not meet our criteria providing that is true. I know that he can give permission to you to talk to her but you probably don't want to get into that. Don't ever say it is filled if it isn't, that is something that could bite you..

Account Closed · Answer

Of course, I didn't mean to lie and say the vacancy was filled if it wasn't. Only if it was actually filled would you tell them it was. Otherwise, tell them they did not meet your qualifications, if that was the case. In this case, their application had missing information (no previous address to verify). That is a good enough reason to turn them down.

Account Closed · Answer

It isn't necessary to give them a reason. Just say "The vacancy has been filled. Thank you for your interest and good luck in your search."

Angie W. · Answer

@Michelle L I know you didn't mean to lie to them about vacancy being filled...I was just clarifying for other responses to the thread. I have a written criteria and one of them is residential history for the last 5 years. They are the most persistent couple I have ever had fill out an application. They have each left a voice message (2 hours apart), so I will be calling them today to tell them they were not accepted. I know they will ask why and I am going to tell them due to lack of residential/rental history. I am currently working on revamping my application and tweaking my screening process to make this less stressful. It's all a learning experience.

Jon K. · Answer

They're hiding something for sure, probably an eviction. People don't just forget where they've lived the previous 4 years. The past 40 years, sure. The past 4, no way. Even if they forget the exact street number or apartment number, a real tenant who hasn't been evicted can find that info for you easily and should be willing to provide it. I would say "if this is the only place you've had together, you both will need to list your previous individual rental history for at least 2 years." Agree with others who say have written criteria and deny based on it. Be sure to follow notification rules if pulling their credit first.

Account Closed · Answer

Landlords should be honest with the tenant and tell them why they did not meet the qualifications. Landlords want the tenant to be honest. Joe Gore

Angie W. · Answer

Thanks for all of the replies. I haven't even got as far as checking credit. The girl is 25 and the guy is 31. I ask for the last five years of residential history and both only listed the current place they have rented for about the last year. When I told them that I needed their previous addresses the response was "this is the only place we've had together" which I told them would be a problem. Unless they were living under a bridge they had to live SOMEWHERE during the last 5 years. I pressed the guy to provide previous addresses and he didn't even know where he had lived. I think he was hiding something from the girlfriend. I've decided to pass and not even contact them as I never charged them an app fee. I told them they could contact me. I would never say a vacancy is filled unless it truly was. This particular couple actually lived about 3 doors down and would know I was lying. I like the idea of contacting people by mail. Most people who are lying about something would expect you to deny anyway.

Bill S. · Answer

If you deny based on credit, know that they have a right to know what about their credit you used to deny. There are forms you need to get from the company you used to pull their credit to notify them. If you go that route make sure you fully understand what the law requires you to tell them. It's much simpler if you have another reason. Personally I don't tell them why. It creates too much back an forth. I make them send me a written request via the post office with a stamped self addressed envelope. To that, I will provide a written response. Do not say the vacancy is filled if it is not.

Jeff S. · Answer

You can get a form where you just check the boxes. If it is a credit issue just say their credit does not meet your criteria and leave it at that. You cannot discuss personal credit items, but tell them to get a report.

Roy N. · Answer

I'd alter Chris' response a little and say "they are denied ..."