Can I use social media for tenant screening?

[Vitaliy Merkulov]

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?

[Bill Gulley]

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? :)   

[Sarnen Steinbarth]

@Vitaliy Merkulov

Everybody has a Facebook page. And an Instagram page, a Twitter account, and half a dozen other social media presences. For landlords, social media has the potential to provide verification of information provided on applications as well as a glimpse into how they might be as tenants. However, it’s also a field full of potential landmine issues with fair housing.

There are important things to remember when using social media to screen tenants.

Start with a solid application process

If you’re not starting with a thorough rental application, a credit check, and a criminal background check, go no further.Beyond that, have a checklist of uniform criteria and standards you need each tenant to meet. Be very clear about what data you are basing your rental decisions on.

Check the same social sites for every applicant

Every applicant should be treated the same, so check the same sites for each potential renter. There are people who feel that conducting a little social media research is a violation of privacy. But if their accounts are public, that information is fair game to not just you, but potential employers, law enforcement, and grandmothers everywhere.

Be clear on what you’re looking for on social sites, have a list

LinkedIn could be useful as part of the employment verification. Facebook can let you know if a pet exists that wasn’t on the application. And Instagram may potentially help determine how frequently they throw parties that get out of hand. Know what criteria you’re looking for on the sites and stick to it.

Document

Fair methods for selecting tenants are nondiscriminatory, well documented and applied uniformly to protect yourself from fair housing complaints. If your research reveals your potential tenants are members of a protected class and you don’t offer them the rental unit, you could be exposing yourself to fair housing complaints and lawsuits. However, if your reasons for selecting different tenants are fair, nondiscriminatory, well-documented, and you applied your screening requirements uniformly, you should be protected.

Think

The major drawback with adding social media to your tenant screening process is that once you learn something about a potential renter, you can’t unlearn or unsee it. Political season is upon us and more and more people are turning to social media to express opinions and beliefs. You may disagree with a person’s political beliefs, religious beliefs or life choices that have nothing to do with whether or not they will be a good renter. If these kinds of things are going to affect your decisions, you should probably skip out on the social media check altogether.

Screening tenants as thoroughly as possible is simply good business. Social media provides a more full picture of potential renters than hard data such as credit reports, income and housing history may do alone.

The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing. The prohibitions specifically cover discrimination because of race, color, national origin, religion, sex, disability and the presence of children. Many states, counties and municipalities have additional protected classes.

Here is the blog post that this came from: https://www.biggerpockets.com/blogs/7520/47329-social-media-and-tenant-screening

I hope this helps!

Sarnen

[Gail K.]

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

[Kathy Johnson]

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.

[John Thedford]

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:)

[James Wise]

Originally posted by @Vitaliy Merkulov:

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?

 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.

[Thomas S.]

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.

[Richard D.]

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?

[Carol Desantis]

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.

[Account Closed]

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]

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.