Originally posted by @Nathan Gesner:
Some of you are turning this into an emotional or political issue.
Yes, an illegal immigrant CAN get an ITIN. But how many of them actually do?
No offense, but it sounds like you are the one turning it into an emotional issue. After being confronted with the fact that you were wrong about illegals obtaining an ITIN and being able to verify them, you then changed your tune to 'its probably stolen', and 'they are likely in violation of other laws'.
There is a term used for painting broad generalizations of negative aspects about a particular demographic, and then treating an individual differently because they belong to that particular demographic.
Do some people file taxes with the wrong information? Yes. But so what? In the case of renting an apartment, there is verification in the form of background checks, credit checks, employment screening and bank statements etc. It is very easy to see if the person is who he says he is because you know, your actually verifying it! The IRS doesn't have the luxury of asking for all of this additional information, so it is easy to write a random SSN or ITIN on a hardcopy form and mail it in with a check.
Being in Phx I have undoubtedly rented to many illegal immigrants over the years. I can't be sure because I don't ask since their status is irrelevant to me. However I will say that the tenants that I have suspected of being illegal, have been far and away my best tenants ever. I would 100x rather rent to an illegal who can prove a consistant income history over a millennial with their 'emotional support animal' BS.
I have never, not once, had anyone I suspected of being illegal pay late or abandoned a lease without notice. They have always paid in full and on time because they do not want to draw attention to themselves. They don't come up with excuses of why rent is late this month, they don't give me the run-around, they don't ask for a million trivial items to be fixed in the house, they simply pay on time, every time. If it ever got to the point of an eviction, things could theoretically get very bad for them so they avoid it at all costs. While it is true there is limited recourse if they suddenly decide to leave for whatever reason, the same can be said about the overwhelming majority of tenants. At the end of the day a lease is just a piece of paper. Unless you live in a state that allows for wage garnishment, even if you are able to obtain a court ruling in your favor that doesn't necessarily mean anything.
The cost and effort to obtain a judgement, is almost universally not worth it given the small amount of money you will ever recoup.
However, if an illegal did for whatever reason simply up and leave (either willingly or after being deported), you would still likely come out just fine. You may lose a months worth of rent and need to re-rent the place, but in return you would likely keep the security deposit. Either because your state allows you to keep it for unpaid rents, or because you mailed a certified check to their last known address and it was never cashed, and therefor stayed in your bank account.
Personally I will continue not caring about their immigration status, and you can continue to call me amateur. But one thing is for certain; I've always collected my rent on time.