Archive for the ‘ tenant screening Georgia ’ Category

Accurate Credit Bureau Feedback

Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
Marrgo
For tenant screening and landlord services see Accurate Credit Bureau.
Important Decisions Demand Accurate Information!

Criminal Records Background Checks – Accurate Credit Bureau

Do you know what is on your criminal report? Accurate Credit Bureau offers comprehensive, nationwide criminal screening at an affordable price. No sign up is necessary. Order your report today and find out if there are any outstanding issues on your record. Results are returned to you via email within minutes. Here are a few other reasons to order a Comprehensive Criminal Background from Accurate:

1. Prospective Employers- Bring a copy of your criminal background check alongside your resume when attending job interviews. This will help to demonstrate your preparedness and set you apart from other applicants. If there is an outstanding record, this tactic will help to demonstrate honesty and give you a chance to explain any potential issues upfront, rather than the employer finding out at a later date.

2. Business partners/ventures- Criminal Records are public records, meaning that you can obtain a criminal background check on individuals without their prior written consent. This can be useful when collaborating on a new business venture, or when contemplating new business partners. Obtaining a Criminal background check through Accurate Credit Bureau will help to alleviate some concerns you may have, or alternatively help you decide if the partnership would be too much of a risk. Our background reports will show any prior criminal records such as DUI/DWI, worthless checks, sexual offenses, and much more.

3. Prospective Employees- Doing a criminal background check on prospective employees is highly recommended. This can help to determine which applicant’s may be best suited for the position. For example, if you are hiring for a position which involves driving, you may want to know if this person has any outstanding tickets or warrants.

4. Personal Employees – Reviewing the background of a person who will be working in your home is a good idea. Perhaps you are hiring a nanny or house keeper. You will want to make sure that these individuals do not have records or theft, violence, or sexual assault.

Eviction Reports

  1. Prospective Tenants – This is one of the most important reports to run.  An eviction report will let you know if someone has gone through the court system and forcefully evicted (removee) someone from their house.

SSN Verification

  1.  Prospective Employees – Know if the person is giving you a valid name and Social Security Number.  This will help to ensure everyone is legally working for you.
  2. Prospective Tenants – Verifying someone says who they are is key to building a good tenant landlord relationship.

Bankruptcy

It is more and more common to encounter a bankruptcy filing when screening new applicants for your vacancy. It’s important to know and understand the different types of bankruptcy filings and how they can affect your decision.  Bankruptcy essentially wipes out the debts amassed by an individual or business by offering creditors partial payment through the transfer of assets. There are three types of bankruptcy filings.

Chapter 7 – A widely used form of bankruptcy among business and real estate owners, Chapter 7 deals with the liquidation of assets. For example, if a business files for chapter 7, they must cease operations, sell off their assets (e.g. inventory, land, etc) to pay for part of the debt, and go out of business. If an individual files for Chapter 7, they must also liquidate assets they own such as real estate, automobiles, or recreational merchandise (boats, ATVs, etc).  It is common for landlords to come across chapter 7 filings because individuals who had to sell their home will be looking for a place to rent.

Chapter 11 – Usually only seen in the corporate world, Chapter 11 gives a business the opportunity to restructure their debts and reorganize their assets. The business can then start anew as long as it honors the obligations set forth as part of the new structure.

Chapter 13 – Another form common among prospective tenants is Chapter 13. This is when an individual must reorganize their finances under direct supervision of the court. The debtor must submit for approval a plan to repay all debts to creditors within three to five years. This can be problematic for landlords because up to %100 of the individual’s income can be used to repay the debts. However, an individual is likely to declare Chapter 13 over Chapter 7 in order to maintain control of their assets such as real estate. Since Chapter 13 offers a court approved time frame to pay back all debts, liquidation of assets is not mandated.

A bankruptcy will affect an individual’s credit report. All debts charged off in the bankruptcy will no longer negatively affect the credit score of the individual. In fact, they will now have an opportunity to build a higher credit score. When reviewing a tenant credit check containing a bankruptcy, it is helpful to look at other pertinent information. For example, how is their financial behavior post bankruptcy? Have they established a better payment record? Are they amassing another number of debts? Knowing as much as you can about bankruptcy and its different forms will help you to be an effective landlord and make well-informed decisions.

Remember to call us at 512 285 6078 for any questions regarding your report. Thanks for reading.

Suits, Liens, Judgments

Suits, Liens, and Judgments can be found on any applicant.  This is a valuable tool to find out if an entity is coming after your perspective tenant or employee for a financial debt owed.

Sample 30 day notice tenants give to landlords…

Tenants may not use their security deposit for last months rent. A lot of them try to do just that. (That’s why we always advise landlords to collect at least 1 1/2 times the rent for a security deposit). Below is a sample 30 day notice that you can include in your lease so you make it perfectly clear and easy for a tenant to give you proper and legal notice…

I am hereby providing you with my required 30 day written notice of my intent to vacate the premises at which I reside, otherwise known as 1234 Smith St. (or whatever your address is) My keys will be turned over to you at that time.

For any refunds due to me from my deposit, my forwarding address will be:
8888 Main Street,
Anywhere

It has been my pleasure to be your tenant.

Best Regards,

(your signature here)

<your typed name here>

For more landlord services see Accurate Credit Bureau

Landlords Collect Applications and Screen Tenants

The best way to deal with bad tenants is to make sure they never move in! Try to accept the most-qualified applicant who is also the best fit for your property, but be careful not to discriminate.

  • Collect information via professional rental applications
  • Ensure total income of all tenants is 2-3x monthly rent
  • Ask their two former landlords, “Would you rent to them again?”
  • Run a tenant credit check to determine total debt and late payment history

    For more tenant screening advice and help see Accurate Credit Bureau

    IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN

Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Rental Law Georgia

Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 30 days
  • Allowable Deductions: Landlord is allowed to deduct from the security deposit:
    • for nonpayment of rent or of fees for late payment
    • for abandonment of the premises
    • for nonpayment of utility charges
    • for repair work or cleaning contracted for by the tenant with third parties
    • for unpaid pet fees
    • or for actual damages caused by the tenant’s breach, provided the landlord attempts to mitigate the actual damages.
  • Security Deposit Interest: The landlord does not have to place the deposit in an interest-bearing account nor does the landlord have to pay interest to the tenant.
  • Separate Security Deposit Bank Account: Landlord is required to place the security deposit in an escrow account and to notify the tenants in writing of the location of the escrow account.This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Nonrefundable Fees: Allowed, but they must not be part of the security deposit.
  • Application Fees: Allowed I recommend Accurate Credit Bureau for tenant screening services.
  • Pet Deposits and Additional Fees: Allowed
  • Require Written/Signed Move-In Checklist: If owner and family own ten or fewer rental units, prior to collecting a security deposit, the owner shall give the tenant a comprehensive list of any existing damage to the premises. The tenant shall have the right to inspect the premises to confirm the accuracy of the list prior to taking occupancy.  This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Require Itemized List of Move-Out Damages and Charges: Within three business days after the date of the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit, along with the estimated dollar value of such damage. The tenant shall have the right to inspect the premises within five business days after the termination of the occupancy in order to ascertain the accuracy of the list. This is not applicable to owners and family members who collectively own ten or fewer rental units, unless those units are managed by a third party for a fee.
  • Record Keeping of Deposit Withholdings: No Statute
  • Failure to Comply: The landlord forfeits any right to withhold a deposit if the money was not originally deposited in an escrow account, or if landlord did not provide move-in/move-out inspection lists. Any landlord who intentionally and wrongfully withholds a deposit may be liable for 3x the amount withheld plus attorney’s fees.

Lease, Rent & Fees:

  • When Rent Is Due: No Statute
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • No Limit on Rent Amount: No county or municipal corporation may enact, maintain, or enforce any ordinance to regulate the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property.
  • Returned Check Fees: Yes, but the fee is not to exceed $30 or 5 percent of the face amount of the instrument, whichever is greater, plus the amount of any fees charged to the holder of the instrument by a bank or financial institution.  I recommend using Accurate Credit Bureau for tenant screening and background check(s).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages Caused by Leasee: Yes, but there is no statute that requires the Landlord to look for a new tenant. 
  • Abandonment of Personal Property: Landlord can remove the tenants’ abandoned personal property with a formal writ of possession (court order).
  • Termination of a Service Member:
    • Specific Rules: A landlord must follow a specific process for terminating the lease of an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of 90 days or longer.
    • Limited Liability: Any liability of the Service Member for rent under the lease may not exceed 30 days’ rent after written notice and proof of the assignment are given to the landlord; and the cost of repairing damage to the premises caused by an act or omission of the tenant.

Notices & Entry:

  • Notice to Terminate a Tenancy at Will (a Lease with No End Date): 60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • 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:  60 days’ notice from the landlord, or 30 days’ notice from the tenant.
  • Notice to Terminate Tenancy – Week-to-Week Lease: No Statute
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Termination of All Leases for Nonpayment: Immediate lease termination. Landlord can also file for eviction immediately, however tenant has seven days to pay to avoid eviction.
  • Termination for Lease Violation: No Statute
  • Required Notice before Entry: No Statute, but 24 hours is recommended
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, but landlord must provide prior notice – 24 hours is recommended.
  • Entry Allowed with Notice for Showings: Yes, but landlord must provide prior notice – 24 hours is recommended
  • 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. Landlord is not allowed to discontinue heat, electricity or water service, punishable by a fine not to exceed $500.

Disclosures & Miscellaneous Notes:

  • Special Tenant Rights & Restrictions: Without permission, a tenant may not cut or destroy growing trees, remove permanent fixtures, or otherwise injure the property. A tenant may use dead or fallen timber for firewood and the pasturage for his cattle.
  • Landlord Responsibility & Liability:
    • The landlord must keep the premises in repair. He shall be liable for all substantial improvements placed upon the premises by his consent.
    • Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.
  • Name and Addresses: At or before the commencement of a tenancy, and 30 days after any change, the landlord shall disclose to the tenant in writing the names and addresses of the following persons:
    • The owner of record of the premises or a person authorized to act for and on behalf of the owner for the purposes of serving of process and receiving and receipting for demands and notice; and
    • The person authorized to manage the premises.
  • Destruction of Dwelling: The destruction of a dwelling by fire or the loss of possession by any casualty not caused by the landlord does not release the tenant from the obligation to pay rent.
  • Flooding Disclosure: If any portion of the living space covered by the lease has flooded three times in the last five years, landlord must disclose this to the applicant before signing a rental lease)
  • 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.
  • Domestic Violence Situations: No Statute
  • Retaliation: No Statute