Archive for the ‘ FCRA ’ Category

Fair Credit Reporting Act does not prohibit renting to tenants political affilation

Background Checks of Tenants – Accurate Credit Bureau

Protect your investment by conducting a background and credit check of prospective tenants. Tenants with a history of not paying their rent, that have been evicted in the past, or have a criminal record are more likely to cause problems. Landlords have the right to review credit reports and conduct background checks when screening prospective tenants, nevertheless the Fair Credit Reporting Act requires landlords to follow proper procedure when doing so. Accurate Credit Bureau will tell you if applicants pay their rent on time, have damaged previous rental properties, have criminal records, and how they were rated by previous landlords and keep you FCRA compliant.

Tenant Credit Check – Credit Score Report History – Accurate Credit Bureau

A tenant credit check can mean a lot of different things. It ranges from finding out whether a tenant meets a certain standard to poring over pages of account histories.

Accurate Credit Bureau is a tenant screening service that screens rental applicants for clients who want to rent their properties.

When property managers run a background and credit check on a potential tenant, they looks for people who have a certain credit rating roughly equal to a 600 FICO score. They asks for higher credit scores when renting out upscale homes or condos. They also look at social media, county records and bank statements, among other things, to check for consistency.

Accurate Credit Bureau Tenant Background Check and Employee Screening

Some think that tenant screening services are unnecessary. They believe that it is a waste of money when you can verify the information yourself by calling references. However, the fact is that with regard to an investment, everyone must make smart choices. The only way that one can make a smart decision is based upon accurate information. Unfortunately, people will lie in order to get what they want. It is these people that are willing to do anything that are the most dangerous to your investment. Employment screening services ensure that you are adding the right person to your team, and confirm based on their background check that your employees and business are not at risk by this person. Tenant screenings confirm that the renter is credible and is consistent on paying their bills.

Life Without Background Checks

When it comes to not using tenant screening services, there are countless stories of homeowners that rented to someone that then skipped out on their monthly rent payment. One example is from the state of Texas. The person renting the home skipped out of town while still owing two months of rent. Calls, emails and texts all were not returned by that person. All the homeowner could do was file with the court, and look into the potential of garnishing wages. The only problem is that he did not know where the renter was any longer. Tenant checks could have pulled up any history of this type of action, and prevented the homeowner from losing out on money.

Not using employment screening services can be even more damaging as it involves the reputation of a business being on the line. There are several stories where businesses that work with children had unknowingly hired a convicted child molester. Accurate Credit Bureau also process nanny screening and caregiver background checks. The reputation of the business can be permanently scarred by one bad decision. Employment background checks can prevent businesses from making poor hiring decisions.

Types Of Screenings

There are multiple facets to employment screenings. The first checks for a criminal record report. This is important to the safety of other employees, yourself and to your business. If an employee has previously been convicted of embezzlement then it would not be a good decision to hire that person for an accounting position. The employment background checks also evaluates the work history of the candidate to verify that the information provided on the resume actually matches the recorded work history of the individual.

Tenant screening services check the criminal background of the renter as well. This is extremely important if the person has a history of drug abuse. If illegal drugs are made or distributed on the property, the government has the right to confiscate that property. In turn, you could lose your investment because of a renter. On the other had it also checks the credit history of the renter to ensure that they do not have a record of skipping out on their bills.

Protect Yourself From Risk

Regardless of your situation, you will want to employ either tenant or employment screening services to ensure that you are protected. The best way to protect yourself from risk is to make sure that the employment or tenant screening services you use meet the Fair Credit Reporting Act standards set by the federal government. Protecting yourself and your business is important, start by getting background checks today.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Arizona

Security Deposit:

Security Deposit Maximum: Landlord cannot demand more than one and one-half month’s rent for a deposit and any prepaid rent combined. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
Security Deposit Interest: No Statute
Nonrefundable Fees: Allowed, but the fee must be specifically designated in the written lease agreement.
Separate Security Deposit Bank Account: No Statute
Pet Deposits and Additional Fees: Yes, but the total deposit must not exceed the limit of one and one-half month’s rent.
Deadline for Returning Security Deposit: 14 days
Require Written Description / Itemized List of Damages and Charges: Yes
Record Keeping of Deposit Withholdings: No Statute
Receipt of Deposit: No Statute
Failure to Comply: If the landlord fails to comply with Arizona law, tenant may recover the property and money due the tenant together with damages in an amount equal to twice the amount wrongfully withheld.
Lease, Rent & Fees:

When Rent Is Due: Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent shall be uniformly apportionable from day-to-day.
Rent Increase Notice: No Statute
Rent Grace Period: 5 days
Late Fees: No statute for residential dwellings. Late fees for mobile homes must not to exceed five dollars per day.
Prepaid Rent: Landlord cannot demand more than one and one-half month’s rent for the total deposit and any prepaid rent combined. This does not prohibit a tenant from voluntarily paying more than one and one-half month’s rent in advance.
Returned Check Fees: No Statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
Tenant Allowed to Repair and Deduct Rent: Yes, but only with proper notice, and a 10 day waiting period for non-emergencies. Withheld rent must not be more than $300 or one-half of the monthly rent, whichever is greater.
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Yes
Notices and Entry:

Notice to Terminate Tenancy – Fixed End Date in Rental Lease: No notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: 30 days or more from lease expiration.
Notice to Terminate Tenancy – Week-to-Week Lease: 10 days from lease expiration.
Tenant Holdover: If the tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.
Notice of Date/Time of Move-Out Inspection: Upon tenant’s request, landlord must perform a joint move-out inspection. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant. Landlord must provide a written notification to the tenant that the tenant may be present at the move-out inspection.
Lease Terminations / Notices to Quit:
Lease Termination for Nonpayment: 5 days to remedy or quit
Termination for Lease Violation: 10 days to remedy or quit, but only 5 days notice is required for noncompliance by the tenant with section 33-1341 materially affecting health and safety.
Termination of Lease for Falsification of Information: 10 days notice is required if the tenant falsified a criminal record, previous eviction record, or current criminal activity.
Immediate Lease Termination: Allowed, if tenant is responsible for illegal discharge of a weapon, homicide, prostitution, criminal street gang activity, the unlawful manufacturing, selling, transferring, possessing, using or storing of a controlled substance, threatening or intimidating, assault, acts that have been found to constitute a nuisance or a breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the landlord, the landlord’s agent or another tenant or involving imminent or actual serious property damage.
Required Notice before Entry: Two days
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes
Emergency Entry Allowed without Notice: Yes
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: No. If the landlord fails to comply, the tenant may recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If tenant terminates the lease, landlord is required to return the entire security deposit.
Disclosures and Miscellaneous Notes:

Landlord Responsibilities: Landlord must maintain a fit premises
Tenant Responsibilities: Tenant must maintain a fit premises
Recording of Rental Property: An owner of residential rental property shall register the property with the assessor in the county where the property is located.
Name and Addresses: Landlord must disclose the name and address of the property owner and anyone authorized to manage the property.
Disclosure of the Landlord and Tenant Act: At or before the commencement of the tenancy, the landlord shall inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona department of housing’s website.
Move-In Documents: The landlord shall provide the tenant with a copy of a signed lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection.
Bedbugs: The landlord shall provide bedbug educational materials to existing and new tenants. The landlord shall not enter into any lease agreement with a tenant for a dwelling unit that the landlord knows to have a current bedbug infestation.
Domestic Violence Situations:
Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
Termination of Lease: With proof to Domestic Violence status, a tenant is allowed to terminate the lease without penalty.
Locks: Landlords must change the locks if requested by a domestic violence victim, at the tenant’s expense.
Recovery of Losses: The offender in the Domestic Violence situation may be liable to the landlord for all losses incurred due to early lease termination.
Assumption of Retaliation: Landlord must not terminate or refuse to renew a lease, or reduce services, to a tenant who has filed an official complaint to a Government Authority, or has been involved in a tenant’s organization in the previous six months.
Tenant’s Personal Property:
The landlord shall hold the tenant’s personal property for a period of ten days after the landlord’s written declaration of abandonment. The landlord shall use reasonable care in holding the tenant’s personal property. Then, the landlord may sell the property to pay an outstanding debts. Any excess proceeds shall be mailed to the tenant at the tenant’s last known address.
Landlord must keep records of the sale for twelve months.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Utah

Security Deposit:

  • Security Deposit Maximum: No Limit
  • Deadline for Returning Security Deposit: 30 days after termination of the tenancy or within 15 days after receipt of the renter’s new mailing address, whichever is later. 
  • Nonrefundable Deposits: Allowed, but only if disclosed in writing at the time that the deposit is accepted by the landlord.
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: No Statute
  • Pet Deposits and Additional Fees: No Statute
  • Advance Notice of Withholding: No
  • Move-In Condition Checklist: Yes
  • Move-Out Checklist/Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No Statute
  • Receipt of Deposit: No Statute
  • Failure to Comply: If the owner or his agent in bad faith fails to provide the renter the notice required the renter may recover the full deposit, a civil penalty of $100, and court costs.

Lease, Rent and Fees:

  • Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: $20
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes.
  • Tenant Allowed to Repair and Deduct Rent: Yes.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Rental Lease with No End Date: 15 days
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 15 days
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Termination for Nonpayment: 3 days
  • Termination for Lease Violation: 3 days
  • Required Notice before Entry: 24 hours, unless specified differently in the lease.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: No Statute
  • Emergency Entry Allowed without Notice: No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Abandonment of Premises: Landlord can assume abandonment by the tenant if either:
    • the rent is more than 15 days overdue, the tenant’s possessions are still in the rental unit but there is no other reasonable evidence that the tenant is still living there, or
    • the rent is one or more days overdue, the tenant’s possessions are gone and there is no other reasonable evidence that the tenant is still living there.
  • Abandonment of Personal Property: The owner may remove the property from the dwelling, store it for the tenant, and recover actual moving and storage costs from the tenant.
    • Post and Mail Notice: The owner shall post a copy of the notice in a conspicuous place and send by first class mail to the last known address for the tenant a notice that the property is considered abandoned.
    • 15 Days: The tenant may retrieve the property within 15 calendar days from the date of the notice if the tenant tenders payment of all costs of inventory, moving, and storage to the owner.
    • Allowed to Sell: If tenant fails to claim the property within 15 calendar days, the owner may sell the property at a public sale and apply the proceeds toward any amount the tenant owes; or donate the property to charity if the donation is a commercially reasonable alternative.
    • No Vehicles: The term “personal property” does not include motor vehicles.

Disclosures and Miscellaneous Notes:

  • Name and Addresses: Before a lease begins, the owner must disclose the name and address of the property owner as well as that of anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
  • Copy of Lease and Rules: Before a lease begins, the owner must deliver an executed copy of the rental agreement, if the rental agreement is a written agreement; and a copy of any rules and regulations applicable to the residential rental unit.
  • Itemized List of Prior Damages: Before a lease begins, owner must provide the prospective renter a written inventory of the condition of the residential rental unit, excluding ordinary wear and tear.
  • Domestic Violence Situations:
    • Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
    • Termination of Lease: A tenant is allowed to terminate a lease if:
      • the tenant is in compliance and all obligations under the rental agreement,
      • provides the owner a written notice of termination, and a protective order protecting the renter from a domestic violence perpetrator or a copy of a police report documenting that the renter is a victim of domestic violence and did not participate in the violence; and
      • no later than the date that the renter provides a notice of termination under Subsection (4)(b)(i), pays the owner the equivalent of 45 days’ rent for the period beginning on the date that the renter provides the notice of termination.
    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense.
  • Trash Removal: For buildings containing more than two residential rental units, provide and maintain appropriate receptacles for garbage and other waste and arrange for its removal, except to the extent that the renter and owner otherwise agree.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Accurate Credit Bureau Landlord Tenant Rental Laws and Regulations Alabama

Security Deposit:

Security Deposit Maximum: Equal to 1 month’s rent
Security Deposit Interest: unknown
Separate Security Deposit Bank Account: No statute
Pet Deposits and Additional Fees: Additional deposits are allowed for pets, undoing alterations (such as handrails and ramps for the handicapped), and any specific tenant activities that increase liability risks
Deadline for Returning Security Deposit: 35 days
Lease, Rent & Fees:

Rent Increase Notice: unknown
Late Fees: unknown
Returned Check Fees: $30 plus other costs of collection
Notices and Entry:

Move-Out Inspection Notification: No statute
Eviction Notice for Nonpayment: 7 days to pay or quit
Eviction Notice for Lease Violation: 10 days to remedy or quit
Required Notice before Entry: 2 days
Entry Allowed with Notice for Maintenance and Repairs: Yes
Entry Allowed During Tenant’s Extended Absence: In excess of 14 day absence, unannounced reasonable entry is allowed
Entry Allowed with Notice for Showing the Property: Yes
Emergency Entry Allowed without Notice: Yes, within reason
Alabama rental applications,and rental leases