Can I use social media for tenant screening?

Question

I see some landlords recommend searching social media about the applicant as part of tenant screening. Is this legal to make a decision based on what is found on social media about applicant?

I know some websites like beenverified, instantcheckmate are not allowed to be used for tenant screening. But are social networking sites allowed to be used for tenant screening?

Thomas S. · Answer

As a responsible landlord you should use every vehicle available to screen applicants. Your primary concern is mitigating risk. Doing that requires that you accept applicants that will meet your personal criteria. What ever that may be.

Factor in every thing you consider important. Provided you have/find legitimate reasons to deny, or you find a better qualified applicant, your true personal reasons for rejecting are irrelevant.  You can reject a applicant for something as basic as "attitude".

Social media is a good source for "attitude" evaluation.

Gail K. · Answer

Many landlords will check out an applicants Facebook page.  They can sometimes find useful information that may conflict with what an applicant has been written on an application.

It's not unusual (for example) to have someone say they have no pets on an application then report (and show) pictures of themselves with their pets.

In other words, folks may be more honest on these sites then they are on their application to rent.

Gail

Bill Gulley · Answer

I never did that.

From a due diligence point of view, you can't consider third party hearsay off social media.

You could consider what they post, this may help to develop an idea of their character.

The issue is your opinion, is it being fair, are you then discriminating illegally?

You can use any legal investigative tool you like, that isn't really the issue, it's what you base a denial on.

Consider who your target market is, what are the norms of that market, then if there are aspects that you want to avoid you'll need to provide contractual covenants to manage those undesired aspects which are legal. Bounced check penalties, late payments, trash or debris left in the yard, etc.

You may or may not want to rent to a pole dancer, but if you don't, then their occupation is not a reason for denial and shouldn't be mentioned. In such a case, it could be that their income is not a reliable cash flow to make payments, even if a tax return on the average indicates the ability to pay. Then, it's a closer look at credit to justify the lack of an adequate cash flow.

I once had an applicant, rather rough looking, that had about 20 beer cans in the back of the car. No, they weren't picking up cans, they were not very old or dirty and they were the same brand. The denial was based on lack of sufficient cash flow and credit, not from clearing out a case of beer!

But, be careful in your assumptions, you can't expect others to be your clone or be in line with your personal views, it's a business and you're dealing with the public.

So, in that beer example, I can't say that guy drank all that beer, there could have been 4 others in that car. The issue was the neat and clean part, how someone keeps their car is pretty much how they keep their home, most often. Trashy is trashy, that is not a protected class.

So, it's not how or what information you gather but how you use that information, is it fair, honest, evenly applied to everyone and justified? :)

Carol Desantis · Answer

While social media may be helpful in getting a little insight into who you may be renting to, I wouldn't cast judgement based on what I see. Some people may look organized, collected & wholesome on social media, but behind closed doors they may be messy, negligent & not a great candidate. Run a thorough background check, make sure they have the financial ability to pay their rent, and then you can use social media to help you make an informed decision.

John Thedford · Answer

If they post a picture on facebook showing off the thousands of dollars they just stole in a burglary that may be a clue. Yes, you can check their social media. If their pictures also includes an orange jumpsuit or stripes, and they are holding a number, I would probably pass:)

Kathy Johnson · Answer

I have seen a prospective tenant in the process of current eviction document how they refused to move after the 30 day notice, and are fighting the subsequent eviction and haven't paid rent in 6 months due to repairs not being done.  In the same series they post about how they wouldn't let the repair people or landlord on the premises and made multiple calls to code enforcement and county health department.  Then they are shocked that the damage they did to the house combined with the calls to health department resulted in red tagging the house.  Then they started begging for someone to give them a trailer they could park on the property to live in because the house got red-tagged and they still didn't move.  They listed the appliances (built ins) for sale on social media.  The current 'landlord' inherited the house so he is not landlord savvy and the tenants took full advantage.

I found a much better tenant.

Account Closed · Answer

I am not a lawyer, but I do rent in a slightly "tough" area. Lots of good tenants but lots of dumb-asses too.  I actually pre-screen based off social media before even showing the unit.  If they are surrounded with drama or just don't seem to be "grown up", I pass.  It's also a great source of information on pets and employment and what kind of people they hang out with.

My favorite was a guy who had a social media account under his real name where he was picking fights with a bunch of local "juggalos."   The juggalos were very upset and appeared to be looking for him in the neighborhood. I figured that was why he was looking to move, but also a great indicator on what sorts of decisions he makes.  (bad ones)

Jonathan White · Answer

I prescreen tenants before showing using an application.  The ones with drama, either stop communicating or come clean upfront and tell me when I state a more formal background check will occur once they view the home and want to commit to renting.  At that time, I take the application fee and use the transunion check system.  Not sure if this is best one or not but it is what I use.  When first contacted I do review social media to help see if I can find anything to compare the data on the pre-screen application for errors which I have found.  I also google search public court records.  Now I do not have large number of rentals and this can be time consuming.  If you had allot of rentals, this personal effort may not be possible for all possible applicants.

Richard D. · Answer

Thanks to social media you now have a glimpse I how people will treat and respect your investment. I look at their pictures for visual clues, such as clutter and messes. I love the bathroom standing in front of the mirror selfies, if they show me how the bath tub or sink are maintained. It is a great indicator of the cleanliness habits of the person. Similar thoughts on how often they throw parties. Is it every weekend, once a month, every so often?

James Wise · Answer

There are specific things you cannot factor in. Race, Disability, Age, Gender, Familial Status, Military Status & Religion. Anything else is fair game. You want to deny someone for too many beer bong selfies? Go for it. No foul there.

Can I use social media for tenant screening?

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