Co applicant has an eviction.. risks?

Question

Hi all, I just wanted to find out what you guys think about this situation. Primary applicant and co applicant have a child but are separated relationship wise though living together for now. Primary applicant is completely clear and makes good stable income, but co applicant has income that cannot be proven(let's just assume 0 income), and also prior evictions proceedings..

Is this something to be worried about?

Account Closed · Answer

Nightmare. Deny them based on his credit and eviction.The next place they apply, they will probably just not tell the landlord about the baby daddy, and he'll just move in after she gets approved. Be glad they haven't figured out how to do it yet.I had one do that. Lots of drama, cops being called, yadda yadda. No doubt he wouldn't have qualified. She barely did.Anyway, be glad you can just deny them based on his credit/eviction. If she tries to back-peddle and say he won't be living there, deny her anyway based on conflicting stories. You don't have to rent to people who tell lots of stories that conflict. (Otherwise known as lying LOL.)

Stephen E. · Answer

@John S. If the female moves out then you are left with the weak/failing applicant. This sounds like an unstable and potentially short term living arrangement. As you put it they are "separated relationship wise though living together for now". I guess if you accept them you will find out what that means in practice.My concerns would be non payment of rent related to break up of the group, and rapid turnover leading to a search for a new tenant. I would not accept these two, there is just too much risk here.

James Mc Ree · Answer

I recommend not approving these applicants for 2 reasons:The eviction.The short duration of the lease, assuming you were asking for 1 year and they offered 6 months. You could have much more turnover expense than you were planning.You can defend #2 easily just by stating you are looking for a 1 year lease. The downside is your applicant might agree. You can defend #1 by writing down your approval standards, if you have not already done so. One of your criteria should be something like, "No prior evictions of applicants within the past 5 years." Those criteria will be defensible in court.Alternatively, you can "pocket veto" them by just indefinitely considering them. That will allow you to compare them to other applicants as you have more applications. You could respond to inquiries as you are reviewing applications coming in over the next month or two.Jim.

Thomas S. · Answer

Wrong John, dead wrong. Most landlords do not have a clue about tenants rights and telling them to inform the applicant as to why they are being denied is a potential mine field. Landlords are often so ill-informed of their rights that they could tell them any stupid thing that will place them in front of a judge. John you might know what your are doing and I know what I am doing but you must view your advice like the government makes laws. Laws are written to protect the lowest common denominator. Your advice on informing applicants must be the same. Assume a dumb ass landlord might say "you are denied because of the colour of your skin". Think for one minute how many landlords come on this forum asking kindergarten level questions because they have never bothered to read their state landlord tenant regulations. By my business standards it is unthinkable yet most landlords never bother to learn anything about this business. Don't advise landlords to tell their applicants why they were denied unless your goal is to put them all out of business. On second thought maybe not such a bad idea. It might improve the reputation of our business.

John S. · Answer

To clarify, the lease is going to be for 6 months, as a trial period. At the end of the 6 months supposedly the male will be leaving.. but at the same time there is a chance(my thoughts) he might not be able to. The female has a higher chance of staying just due to the hassles of moving in general, but if they can't work out him leaving then what might happen? This scenario is uncommon enough that I can't think of the potential possibilities.

John S. · Answer

Thanks for the quick response Michael. Female is making the money and yes, exceeds 3x. What will happen if the male decides he doesn't or can't leave mostly due to the nonexistent income or evictions proceedings? I am sure it wouldn't be easy. Can she "kick" him out while he is on the lease? Normally anyone over 18 must be on the lease but would it be somewhat better if he wasn't on the lease for this situation?

Michael Ablan · Answer

Hey John. Assuming the co applicant makes zero, does the primary make 3x your asking rental rate? Ultimately they are the ones who are going to be responsible and who will be paying the rent. Is it the male or the female making the money? In most cases the female will keep primary custody of the kid, which can result in the male being the one to move if they were to bicker again. If the male is the one making the income...well, you see the problem. Tough situation, tough call. Tread carefully