Legal Question in Real Estate Law in California

Rental Applications for Apts/Condos

Rental applications request that the tenant provide Drivers License (DL), SSN along with other information. The DL and SSN are used to perform tenant checks, credit checks etc. I understand that some tenants may not want to divulge this information due to privacy concerns. Can the landloard reject the application on the basis of incompleted information on the application or refuse to rent to the tenant for not providing the information. Are there are checks etc that the landlord can perform to determine if it a ''rentable'' tenant


Asked on 6/23/09, 10:39 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Rental Applications for Apts/Condos

Yes, the prospective tenant may be rejected for any or no reason, except for discriminatory reasons.

There are credit check services to which many landlords subscribe. You might check with the local board of realtors to get a referral to such a service.

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Answered on 6/23/09, 11:15 pm
David Gibbs The Gibbs Law Firm, APC

Re: Rental Applications for Apts/Condos

Yes, as attorney Cohen correctly points out, you can be denied a rental for any reason, so long as it is not discriminatory. As for the "checks" a landlord can make, there is a company which is a subsidiary of First American Financial (First American Title Company, etc...) which has a tenant screening service. As a landlord, you can subscribe directly to their service. It will check not only credit score and history, but it also checks public record for any evictions filed against the tenant (traditional credit reports only reflect evictions that have gone to judgment), and any judgments against them. Also, prior landlords, if subscribers to the system, can post the equivalent of a credit report item - reporting on their rent payment history, etc... Its a good service if you are in the business of renting apartments, and it even allows you to screen criminal history (with tenant's permission, of course). Their website is www . residentscreening . net.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/24/09, 12:01 pm
Terry A. Nelson Nelson & Lawless

Re: Rental Applications for Apts/Condos

The landlord has the right to do a proper credit check, with approval of the tenant using the ID info supplied. If the tenant refuses to cooperate, reject them. Any landlord that doesn't do such background check is quite foolish.

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Answered on 6/24/09, 12:40 pm


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