Need to check if tenant is legal resident in the US ?

[Mary Joe]

Is the landlord responsible for checking if the tenant is a legal resident ?  Say if I am renting to someone who is a student from overseas or who is here on a work visa,  is it the landlord's responsibility to check to make sure that the tenant is staying in the country legally with the proper visa?   

normally I only ask for photo ID such as driver's license.  But one applicant is interested in the property but I believe he said he is here under a work visa or something like that. 

Wonder if anyone has come across situations like this. 

THANKS !!

[Jordan Thibodeau]

Good Question. I highly suggest you purchase a NOLO guide on Landlard law for NYC.

As far as CA, California Civil Code 1940.3.3 forbids this question. Aside from civil codes, it puts you at risk for a potential discrimination lawsuit for asking that question.

I rented a room to a foreign exchange student, I made copies of his Visa and government ID to verify who he says he is.

[Roy N.]

@Mary Joe 

We rent to lots of international students - mind you we are in Canada, not the U.S.A.  We do not make copies of their passports and VISAs as we really have no legal right to insist upon it.   However, we do require they provide us with a letter from the admissions office at the university demonstrating they are enrolled and in good standing (the university would have verified their student visas).

[Dana Whicker]

Some of our visitors are the best tenants you could ever hope for.  They don't want any trouble, they can't be out on the street, etc.  Some of these fine folks that are here on work visas are highly skilled professionals.  Don't rule anyone out just because they're not a citizen.

[Mary Joe]

Originally posted by @Dana Whicker:

Some of our visitors are the best tenants you could ever hope for.  They don't want any trouble, they can't be out on the street, etc.  Some of these fine folks that are here on work visas are highly skilled professionals.  Don't rule anyone out just because they're not a citizen.

You misunderstood my question.  If you read my post again, I asked if Landlord has a RESPONSIBILITY to check for proper ID and visas before renting to overseas students or people who are here on work visa.         I never said I am ruling someone out simply because he/she is not a citizen.   Two very different issues. 

BTW, how do people do the "@poster name" in a post?  I type the @ sign and the poster's account name but the link never appears properly. 

  

[Dana Whicker]

@Mary Joe  I apologize, you are correct in that I misunderstood your question.

To mention someone, insert the @ and then simply start typing their name.  Look at the bottom of the window.

[Dana Whicker]

@Mary Joe lol I messed it up in my previous post.

[Steve K.]

@Mary Joe   To use the mention thingy, hold down "Shift" on the keyboard, then press the "@" key, and then "?" key.  You'll see a drop down list and click on the person's name.

Back to your original question, I don't think it is landlord's responsibility to check someone's visa and see if the person's staying here legally.  That is the job of a custom's officer, border patrol, or the police.  Some would argue that  checking  a foreign national's stay validity is interpreting the law and requires a lawyer's license, or has to be empowered by the government to do so as part of the official duty.

[Mary Joe]

@Steve K. thanks a million :) I didn't know we have to hold down the SHIFT key,

@Dana Whicker no worries, all good :)   

[Marcia Maynard]

Originally posted by @Mary Joe:

Is the landlord responsible for checking if the tenant is a legal resident ?

The answer is no.

[Account Closed]

According to this source, New York City prohibits you from even asking about your potential tenants' status - 

http://www.nolo.com/legal-update/california-landlords-ask-immigration-citizenship-29214.html