As defined by the Washington State Residential Landlord Tenant Act (RLTA) – RCW 59.18.030 – a “Comprehensive reusable tenant screening report” means a tenant screening report prepared by a consumer reporting agency at the direction of and paid for by the prospective tenant and made available directly to a prospective landlord at no charge, which contains all of the following: (a) A consumer credit report prepared by a consumer reporting agency within the past thirty days; (b) the prospective tenant’s criminal history; (c) the prospective tenant’s eviction history; (d) an employment verification; and (e) the prospective tenant’s address and rental history.”

A reusable tenant screening report can save tenants from paying an application fee each time they apply for a rental unit. Having to pay multiple screening fees can be burdensome to tenants in a competitive rental market. The reusable screening report is valid for 30 days after production after which the tenant would need to purchase a new report to ensure the screening information is current.

A landlord is not required to accept a comprehensive reusable tenant screening report. The landlord still has the option to conduct traditional tenant screening in accordance with required disclosures under the RLTA. If the landlord does accept the reusable tenant screening report, the tenant cannot be charged for any additional screening reports that the landlord wants to run.

For landlords who maintain a website advertising the renting of dwelling unit, the landlord is required to include a statement, specifically on the website’s homepage, disclosing whether the landlord will accept a comprehensive reusable tenant screening report.

A renter resume is a personal marketing tool used by applicant to showcase the prospective applicant’s rental qualifications. The resume provides key details of the potential tenant’s previous rental history, background history, and references. A renter resume targets rental qualifications in a similar manner as an employment resume targets a job applicant’s skills and abilities. By preparing a renter resume the would-be tenant is hoping to attract interest in his qualifications and thus stand out among other rental prospects. Using a summary description of rental history and providing background information, the prospective tenant hopes to advance more quickly to the next level of screening and selection. Renter resumes could be beneficial to prospective tenants in competitive rental markets.

However, a renter resume does not take the place of the landlord’s rental application. A landlord should always require an applicant to complete the landlord’s standard rental qualification and selection process, including rental application, identity verification, applicant interview, credit report, background check, various screening verifications for employment, income, rental history, public records, and former landlord reference checks.

Regardless of how well-qualified the applicant seems to be, how well an applicant presents himself, or how urgent the need to fill the vacancy, a landlord should not deviate from his rental standards. The vacancy should never be filled with an applicant who has not been tenant screened and has satisfactorily met the landlord’s rental criteria.

The most efficient means to obtain information needed to adequately screen an applicant while safeguarding the business income property and the safety of others is the use of the application form. As a general rule, a landlord can request any information that would objectively point to the applicant’s ability to pay timely rent and comply with lease terms and conditions. The information requested on the application form should be business related to the qualifying of an applicant for rental housing. The same information should be requested of every applicant, the same screenings conducted on every applicant, and the same analysis performed on screening reports of every applicant. There can be no selectivity or preferential treatment of one applicant over another.

The application form is a risk assessment tool to collect as much relevant information about an applicant within the parameters of permissible purpose, business necessity, and legal rights. When properly conducted and documented, the application process can reduce the risk of claims of discrimination in screening and selection of applicants. The signed rental application and the tenant screening results support the landlord’s decision to offer tenancy to the selected applicant.

An application deposit and an application fee may be required by a landlord.

Application fees are required by some landlords to cover the cost of tenant screenings such as credit and background checks. Landlord-tenant statutes of each state may address the issue of application fees differently. As allowed by statute, many landlords do charge an application fee. Some states set a maximum fee amount while other states limit the fee amount to actual out of pocket costs as charged by the tenant screening services provider. In a few states there is no stated limit on application fees. Application fees are paid at the time of application submission and are generally nonrefundable.

An application deposit is also known as a holding deposit. An application deposit is a deposit paid to the landlord by the applicant at time of application to request the landlord hold the rental unit for the applicant until the processing of his application has been completed. The prospective tenant is giving assurance to the landlord that he, the tenant, is serious in his interest in the unit and intends to sign the lease upon his approval as a tenant. When the landlord holds the rental unit for an applicant, the unit is taken off the market and unavailable to other qualified prospective tenants who may have to be turned away. The holding deposit is meant to compensate the landlord for damages suffered as a result of withholding the unit from the rental market in the event that the applicant fails to meet screening qualifications or rescinds his agreement to rent the unit.

An application deposit is not a security deposit. At the time of application there is no signed lease agreement between a landlord and prospective tenant. Since the applicant is not a tenant the state’s security deposit rules are not applicable.

Although holding deposits may be allowed in most states, they can often lead to misunderstandings or legal actions by either party. The problem is that usually most states do not cover the subject adequately in their statutes, and it is usually unclear regarding how much of the deposit may be retained by the landlord in the event screening results are unsatisfactory or the applicant cannot come up with the necessary funds for move-in, or simply changes his mind about wanting the unit.

Some states that cover holding deposits by explicit statute specifically allow a landlord to retain an amount related to the landlord’s cost of holding the unit. This might include the costs of additional advertising, prorated rent for the holding period, and a reasonable charge for the time related to paper work and inconvenience to the landlord. Holding a larger amount puts the landlord at risk for a lawsuit. Some states specifically require that there be a written contract that states the terms of the agreement and provides a receipt for the amount.

For the landlord’s protection, and to avoid major problems, a landlord should prepare a written holding deposit agreement in accordance with applicable state law and unambiguously cover the following issues:

• The address of the rental unit,
• The names of landlord and applicant,
• A clear statement that the deposit is a “holding deposit”, not a security deposit,
• The amount of the deposit,
• The length of time (including exact ending date) the landlord is willing to hold the rental unit off the market,
• The basic terms of the lease agreement and the conditions under which the landlord will rent the unit to the applicant – i.e., satisfactorily meeting rental standards and full payment of required fees and deposits by the end of the holding period term,
• What will happen to the holding deposit if the applicant signs a lease agreement – generally, the full holding deposit will be credited to the security deposit at lease signing,
• What will happen if the applicant decides not to rent the unit before being notified whether his application has been approved,
• What will happen to the holding deposit if the applicant fails to pass screening – usually the full deposit should be returned to the applicant, and
• What will happen to the holding deposit if the applicant defaults on the holding agreement – specifically, how much of the deposit the landlord will retain, and when and how the portion not being retained by the landlord will be returned to the applicant.

Welcoming the new tenant to the rental community is usually done through a new tenant orientation meeting. The orientation meeting provides the important information the new tenant needs to know to quickly adapt to rental practices and get settled into his new home.

The orientation meeting is also an important first step in the landlord-tenant relationship and helps to set a positive tone for the new tenancy.

Typically the orientation includes the lease signing, a review of important lease terms and conditions, a discussion of rental rules and regulations, communication of the landlord’s expectations and rental standards, tenant duties and responsibilities under the lease agreement, collection of good funds for rents, fees and deposits, rent collection policies and procedures, a walk-through and inspection of the rental unit, completion of the move-in property inspection checklist, and transfer of possession of the rental unit to the tenant. Because so much detail is covered during an orientation meeting, it is a good idea to provide the new tenant with a move-in letter and information packet that includes the details discussed during the orientation, such as the items listed above, as well as customer service and maintenance/repair procedures, and landlord contact information.

Lease Agreement

The lease agreement is a legal contract that sets out the terms and conditions of the tenancy. The lease terms and conditions are legally binding and enforceable against all parties. A clearly written, detailed lease agreement will help protect both the landlord and tenant from fraud or misunderstanding in the event of rental disagreements or disputes. Each adult occupant of the rental unit should be required to sign the lease agreement to acknowledge his understanding and acceptance of his duties and obligations by the lease contract.

If the rental property is governed by a home owner association, the tenant should be given copies of the association’s CC&R’s, Bylaws, and Rules and Regulations. The lease agreement should include a clause whereby the tenant (1) acknowledges receipt of copies of all relevant association documents; (2) understands and accepts the restrictions of the governing association; (3) understands that the association can modify rules and regulations for the purpose of promoting the convenience, safety, or welfare of residents; and (4) agrees that he, the tenant, will reimburse the landlord for all fines, legal costs, and other penalties resulting from the  tenant’s violation of association rules and regulations.

Required Disclosures by Federal, State. And Local Law

Federal law, the Residential Lead-Based Paint Hazard Reduction Act, or as commonly known , Title X, requires that before signing a lease for housing built before 1978, tenants must receive an EPA-approved information pamphlet on identifying and controlling lead-based paint hazards, Protect Your Family from Lead in Your Home. Some states have their own lead-based paint laws, usually more stringent than the federal regulations. Landlords must comply with the level of regulation that provides the most protection against lead-based paint hazards.

State statutes address various landlord-tenant issues, regulate landlord-tenant duties and obligations, and require landlord disclosure of important landlord-tenant laws. Additionally most states require landlord disclosure of landlord policies and conditions and material facts about the property that impact tenant habitability and quiet enjoyment of the rental premises. Landlord disclosures must typically be in writing, often incorporated within the lease agreement language, or provided as a separate disclosure document.

If there are local ordinances such as rent control or rent stabilization or local requirements for health, safety, building codes, etc., such disclosure must be made to the new tenant before possession of the rental unit is transferred to the tenant.

Move-In Checklists & Walk-Through Inspections

Many states require a move-in checklist to be completed when possession is given to the new tenant. The checklist is a written statement of condition of the rental unit at the time of move-in. It documents any existing damage to the unit and/or furnishings and requires acknowledgement of the unit’s condition by the signature of the tenant. The move-in inspection should be done before the tenant receives keys, moves in any personal belongs, or anything else occurs which might provide possession even though money has changed hands. The checklist can help minimize discussions between landlord and tenant at a future time regarding the unit’s initial general appearance, condition, and maintenance. Even though both parties think they will remember important items and think that they have an understanding, such is not always the case.

It is recommended that a move-in checklist  include the condition and cleanliness of appliances; cabinets; painted surfaces; floor coverings; windows, screens, and window coverings; doors, plumbing fixtures, light fixtures and ceiling fans; carport, garage, and parking areas; and landscaping. The move-in checklist should also include appliances or other property not physically attached to the real property.

The original signed checklist should be retained by the landlord in the tenant’s file and a copy of the signed checklist given to the tenant for his records. It is recommended that the condition of the rental unit at move-in also be well documented with photos or video. The tenant should be instructed that the same checklist will be used to document the condition of the rental unit at the time of tenant move-out. By using the same checklist for move-in and move-out conditions, the landlord has good documentation if deductions need to be taken from the tenant’s security deposit following move-out.

During the walk-through of the unit, it is a good idea to familiarize the tenant with operating instructions for electrical, heating/cooling, and plumbing systems as well as furnished appliances. The tenant should know the locations of the furnace, air conditioner, water heater, breaker/fuse box, gas valve, and water valve. Supply valves for sinks, toilets, and other fixtures should be located. If it is the tenant’s responsibility to change furnace filters or perform other small maintenance tasks, the tenant should be instructed in the correct procedures to maintain the systems.

During the inspection, the location of each smoke detector and carbon monoxide detectors should be noted and the tenant should test each device to verify it is working properly. It is a good idea for the landlord to have a fire extinguisher available in the unit, usually in the kitchen, and the tenant should be instructed to monitor the gauge on a regular basis to ensure its operability.

Transferring Possession

Possession of a unit should not be given to new tenant until (1) all documentation, including lead paint disclosure if applicable, has been executed by all parties on the lease agreement, which, as stated earlier, should include all adult occupants, (2) all funds have been received by the landlord, and (3) if utilities are still in the landlord’s name, arrangements have been made for transfer to the tenant. Allowing a tenant to take possession of the unit while the utilities are still in the landlord’s name can result in problems. In some jurisdictions, if the tenant in possession fails transfer utilities to his own name, the landlord may not have the right to turn the utilities off.

Again, it is critical that a landlord does not allow a prospective tenant to stay temporarily in a rental unit or move any personal property into the unit until all pre-possession tasks required by the landlord have been completed. If a landlord has provided the prospective tenant a key or in any other way has indicated that possession of the unit has been transferred to the prospective tenant, the landlord has effectively given the prospective tenant the legally protected status of tenant even though no lease was signed or rent money paid. It will require an eviction if the prospective tenant does not complete the terms and conditions for move-in and refuses to voluntarily vacate the rental premises.

Landlord–tenant statutes usually do not address issues such as tenant parking. A landlord should control parking spaces by assignments to tenants rather than by the number of vehicles a tenant may have. A landlord would not have a right to restrict parking on public property – for example, on the street in front of the property – except as restricted by the city or a home owner association. However, as with most rental issues, in order to avoid misunderstanding, it is best to have parking rules well defined in the lease agreement or by a “Rules & Regulations” document that is attached to the lease agreement and referred to by the agreement, with the R&R document and signed or at least initialed at the time of lease signing.

To help reduce tenant misunderstandings about parking at the rental property, a landlord should clearly state his tenant parking policy and parking rules in the governing lease agreement, as a separate parking addendum, or within a “Rules & Regulations document as mentioned above. The latter two methods is usually preferred because they can be updated as needed without amending of the lease agreement if so stated in the lease agreement. The R & R document is often used rather than a single-issue parking addendum, as other issues can modified as needed within a single attached document. It is a good business practice to review the appropriate document(s) during tenant move-in orientation and have the tenant(s) sign and date the document(s) to acknowledge tenant understanding of the parking policy and rules.

Some of the key issues regarding parking policy and rules that should be addressed in the lease agreement, attached parking addendum, or attached R&R include:

• A clear statement of the landlord’s parking policy and rules for the rental property. A landlord sets and enforces his policy and holds the tenant accountable to comply with lease provisions. Parking at the rental property is an amenity offered to the tenant. A tenant does not own his parking spot and cannot trade spaces with other tenants without permission of the landlord.
• A landlord is responsible for legal compliances for applicable laws including reasonable accommodations, local ordinances regarding on-site parking and public parking on streets, and local fire and emergency services codes for access and safety. Rules including signage should be posted regarding parking regulations, fire lanes, and designated handicapped parking spaces.
• Tenant and guest parking should be in designated parking areas only. No parking should be allowed on common areas, landscaped areas, by dumpsters, or off of paved areas.
• Tenant vehicles should have current registration and license plates.
• Tenants should be required to register personal vehicles and issued parking permits or identification tags for assigned parking spaces. A limitation of one standard-sized vehicle per parking space should be enforced.
• The parking policy and rules may prohibit or restrict over-sized vehicles, recreational vehicles, trailers, boats and other similar non-standard vehicles from being parked on the rental property or could restrict those types of vehicles to a designated parking area at the back of the property.
• Non-operating vehicles should not be permitted to remain in parking spaces or in parking areas beyond a reasonable amount of time necessary for inspection and repair.
• As applicable by statute or ordinance, landlords can develop and enforce a towing policy to remove non-operating vehicles, vehicles parked illegally or in violation of fire and safety codes, expired vehicle registration and license plates, etc. Landlords may be required by law to visibly post towing policy and procedures on rental property grounds and/or include towing policy and procedures in tenant lease agreements. Tenant warnings and notification procedures regarding towing and financial responsibility for towing costs should be disclosed to tenants.

The Attractive Nuisance Doctrine holds that a property owner may be liable for injuries to children who trespass on the property if the injury occurred as a result of an object, or condition on the property that was likely to attract the attention or curiosity of children. A property owner or landlord has a special responsibility to protect children from harm if they come onto the property. Children are particularly at risk from property hazards and dangerous conditions because they are unable to comprehend the risk of danger posed by the object or condition.

A landlord could be held liable for attractive nuisance if it could be determined that:

• the landlord knew or should have known that the object or condition was attractive to children;
• the object or condition could cause children to trespass on the property;
• the object or condition could cause serious injury to a child;
• the cost to fix the hazardous object or dangerous condition is reasonable and does not interfere with the way the object or property is used; and
• the landlord failed to exercise reasonable care to protect children from harm.

As examples, children can be attracted to unguarded swimming pools, unattended vehicles such as utility carts used for maintenance and grounds keeping, construction materials or debris left on the property, or abandoned appliances found on the property.

A landlord cannot avoid liability by posting signs on the property such as “No Trespassing” or “Danger – Keep Out”. Compliance with state and local building codes, safety and health inspections, and regular property inspections help to identify dangerous conditions. If a hazard or dangerous condition cannot be readily removed or eliminated, a landlord should take preventative actions appropriate to the hazard such as fencing, gates, locks, secure storage of equipment, or active monitoring of the property.

What are the landlord’s options if the tenant’s security deposit is insufficient to cover costs of property repairs due to tenant damage, cleaning the rental unit, and tenant unpaid rent?

The purpose of a security deposit is to provide the landlord with funds owed by the tenant if the tenant fails to pay rent as agreed, keep the rental unit in clean and sanitary condition, or causes property damage beyond ordinary wear and tear.

State statutes regarding security deposit vary significantly among states. Many states address issues of security deposit limits, deadlines for itemization and return of security deposits, and disclosure requirements as required by statute for a separate holding account including interest rate and interest payment. A landlord is legally accountable to the tenant for use of the security deposit funds.

Once the landlord and tenant have conducted the move-out inspection, the landlord must prepare a written security deposit statement of accounting, itemization, and explanation of deductions from the security deposit. A landlord cannot charge the tenant for damage that was evident at tenant move-in, replacing an item when a repair would be sufficient, or cleaning when the tenant paid a non-refundable cleaning fee. If repairs or cleaning cannot be performed within the time required by statute to return the security deposit, a reasonable estimate of costs can be made. When work is performed, the receipts must be for an amount at least as much as the amount deducted.

A reasonable approach for the dollar amount charged as damages is to determine whether the tenant has shortened the useful life of an item that will wear out. If the tenant has damaged or shortened the item’s useful life, the landlord may charge the tenant for the prorated cost of the item based upon cost of the item, the expected useful life, and replacement cost.

If the tenant has satisfactorily performed to his lease terms and conditions, the landlord must return the full amount of the deposit to the departing tenant. When the landlord determines that deductions from the deposit are required for cleaning to return the rental unit to good condition, or required to repair tenant damage to the unit, the security deposit statement will itemize those deductions, showing the amount and description of each type of deduction. In the letter accompanying the accounting statement, the landlord should provide the former tenant with details on the total amount the landlord owes the tenant or the total amount the tenant owes the landlord. The landlord will remit the amount due the tenant with the accounting letter or the landlord’s letter will request the tenant to immediately remit the balance due to the landlord.

The tenant may respond to the accounting statement by challenging the deductions from his security deposit. Many of the disagreements between a landlord and tenant stem from the handling and accounting of the security deposit. If a tenant strongly believes the landlord’s deductions were in error or unreasonable, a tenant may choose to take legal action against the landlord. The landlord’s best course of action when a tenant disagrees with the deposit accounting may be to reach an acceptable compromise with the former tenant regarding the deductions and the balance due. As a practical matter a compromise may be the better business decision depending upon the amount and time that would be required to defend against the matter in court and evidence regarding which party is right. If the landlord and tenant cannot reach a satisfactory agreement between them, they could consider using a mediation service. If the landlord and tenant settle a security deposit dispute through a compromise on the tenant’s claim for return of the security deposit, the landlord should document in writing that the agreed upon sum of XXX is the tenant’s acknowledgment of full satisfaction of the tenant’s claim.

If the tenant does not respond to the landlord’s request for payment, or refuses to pay the amount due, the landlord may take legal action to collect the money owed him. The question that the landlord must ask himself: “Is the amount due the landlord an amount worth the landlord’s time, effort, and expense to pursue collection?”

Before rushing to file suit in court, a landlord should write a formal demand letter to the former tenant requesting payment of the past due balance. A copy of the security deposit statement and a copy of the statement’s cover letter that was provided to the tenant at move out should be enclosed with the demand letter. The demand letter should state the facts clearly, set a deadline for payment, and advise that a lawsuit will be filed in small claims court if an understanding and resolution cannot be accomplished by the deadline. In some states the landlord’s written demand letter for payment is a requirement by statute before a landlord can file in small claims court.

The maximum small claims court limit varies significantly among states. A landlord should confirm the applicable state’s jurisdictional amount before deciding to file to be sure the claim will not exceed the court’s limit. It may be a better business decision to adjust the amount of the claim to scale it down to fit the court limit.

The landlord’s decision to sue may be dependent upon whether the landlord has a strong case, knows how to locate the former tenant for required service, and the landlord’s chances of collecting a judgment if the landlord wins.

Most landlords will have a strong case against a former tenant who now owes money for repairs, cleaning, and rent. Experienced landlords know to keep detailed records on the costs of cleaning and repairs, including all receipts for materials, labor, and services performed by third party contractors or service companies. If the landlord or his employees perform any of the required work to return the unit to good condition, the same type of detailed record keeping applies to in-house cleaning, maintenance and repair work. Documentation in the tenant’s file and available for use in proving the landlord’s case could be photos or videos of the condition of  the rental unit at tenant move in and move out,  a copy of the tenant signed move in and move out inspection checklist, maintenance and repair logs for the rental unit, detailed work logs of cleaning and repair performed by the landlord or his employees including itemization of number of hours and reasonable labor costs associated with the cleaning and repairs, written statements of the condition of the unit by third party vendors contracted for cleaning and repairs, or witnesses to the physical condition of the unit at move in and move out who can testify to the need for cleaning and repair.

If legal action is taken by the landlord in a timely manner, the landlord may have a forwarding address for the former tenant, has knowledge of the former’s tenant work address, or may use the tenant’s contact information to obtain an address that could be used for court service of legal papers.

A somewhat more difficult decision for the landlord is the timing of a lawsuit. If the tenant left owing months of past due rent, the former tenant may have financial difficulties that now make him insolvent, bankrupt, or otherwise judgment proof. Being awarded a money judgment does the landlord no good if the judgment cannot be collected. However in most states a money judgment is good for ten years, with possible extensions thereafter, and the former tenant’s financial situation could change for the better, allowing the landlord a good chance to collect his money. Often the debtor will be motivated to pay the judgment, including the interest allowed by statute, in order to obtain a loan from a bank.

A landlord should research applicable law to determine the statutory timeframe for filing suit on a landlord-tenant related issue in small claims court. The landlord may need to postpone filing in small claims court until a future date because the tenant cannot be located once he has vacated the rental unit. It may require some investigative work to discover a new home or work address for the former tenant in order to comply with notification and court service of legal papers to the former tenant.

Verifying past employment of a job candidate is an important step in the hiring process. The employer must determine as well as possible or practical that the candidate has presented factual and true information on his resume and application regarding employment history. The purpose of the verification is to independently confirm the candidate’s employment by the listed companies and the associated job duties and responsibilities at those companies. The hiring employer can cross reference the verified information with information on the resume and the application along with information provided during the applicant interview that could support an informed offer for employment.

If, during the verification process, the information provided by the candidate proves to be false, or misleading, the hiring employer may have good reason to suspect there could be other discrepancies, errors or omissions of information on the candidate‘s resume and application. The employer cannot advance a candidate in the hiring process without due diligence in employment verifications.

An employer should have an established policy and written procedures that govern employment history screening. The policy and procedures standardize the verification process for past employment and work history. With legally compliant best practices, an employer can reduce the likelihood of claims regarding hiring negligence and employment discrimination. To further protect his business interests and consumer privacy rights, it is critical that employers understand the legal obligations and compliances in conducting employment background checks.

The Fair Credit Reporting Act (FCRA) governs how employers obtain and use consumer reports. Consumer reports include background checks for screening employment history. When an employer uses the services of a third party screening provider to obtain a consumer report for employment purposes, both the employer and the reporting agency provider must comply with FCRA requirements. The employer must disclose to the applicant that background reports may be used for employment decisions. Applicant consent and authorization must be obtained before conducting background checks.

In addition, it is important to keep in mind that some states and municipalities may have requirements on the use of background reports in employment screening. The state and local disclosure and authorization requirements may be more restrictive than the federal FCRA requirements. If an employer conducts his own investigations, the FCRA requirements are not applicable. However, the employer must still obtain the applicant’s consent and authorization for background check screenings.

An employer should set an employment verification policy specific in scope and detail as related to his business and industry needs regarding how a verification of employment process will be conducted. The employer can set different screening parameters for employment verifications as appropriate for his industry, specific job positions, or levels of authority but cannot set verification parameters that discriminate on a person-to-person basis.

As examples of verification parameters, an employer’s policy for previous employment screenings could be based on: a specific number of years of employment, such as, all employers within the past 5-7 years regardless of how many companies provided employment; the past 2 or 3 employers regardless of the number of years of employment; or a combination of the number of years of employment and a number of employers within a specified time frame and limited by a number of employers, such as, the last 3 employers within the past 5 years.

An important point in the employer’s verification policy and practices is the application and enforcement of policy standards. An employer must be consistent in conducting employment verifications in the same manner to the same standard with every job candidate to help avoid claims of hiring discrimination.

Standardization of practices and consistency in application, enforcement, and follow-through are keys to compliant practices. Good faith effort must be taken to verify candidate information with former employers. Reasonable, valid effort should be made to follow through with the verification process including contact by telephone, email, fax, or U. S. mail to an authorized record holder to verify employment information. Written documentation should be kept of all steps taken to contact past employers and verify relevant work history. Notes should be made as to date, time, and method of contact; authorized representative name and title and the verification responses. If the requested verification cannot be completed due to the policy guidelines of the past employer or information is unavailable, written documentation to that effect should be made and placed in the candidate’s file.

Verifications of candidate credentials can take time and effort to locate and contact past employers and the authorizing entity within that company. To help facilitate the verification process, a job candidate should be prepared to provide complete work history information including names, addresses, phone numbers, and contact information for his past employers in accordance with requirements set by the hiring employer.

It is not uncommon to discover a company has gone out of business, changed names through mergers, acquisitions, or rebranding of products and services. Staff turnover and company record keeping procedures of past employers may delay a verification process. Records may not be available or accessible in a timely manner. If a past employer is no longer in business, or unable to provide verification, the hiring employer could consider an appropriate substitute proof of employment as required for due diligence. The job candidate may be able to prove past employment with copies of a W-2 statement, payroll stubs, or tax documents supporting dates of employment.

Another point to consider in the verification process is that the contacted past employer may choose not to respond to the verification request. There is no federal law that requires an employer to provide job references or provide verification of employment for former employees. Most employers do provide employment references and verifications in a good faith effort of professional courtesy and disclosure. All information provided by an employer that verifies employment or used as an employment reference must be factual and accurate in order to avoid liability claims and wrongful defamation lawsuits against the employer.

It may be the fear of liability and concern about lawsuits that can cause many employers to limit their verification responses to only confirmation of dates of past employment and job titles. It may also be the stated policy and practice of an employer to disclose only certain limited information about a former employee.

Due diligence of applicable laws provides guidance to the verifying employer and the past employer for legal compliances and protection of consumer rights.

Recent legislation in some states and some municipalities has placed restrictions or prohibitions on the types of information that can be released by an employer regarding a former employee. Most recently some states have restricted employers from sharing salary or wage history.

Restrictions and prohibitions can vary from state to state and localities. In some states employers may be required to obtain written consent from a former employee before releasing verification information. A signed written consent may be required by the employer’s policy on employment verifications. By law in many states, employers who provide information about former employees are immune from liability for release of information or are likely shielded from defamation lawsuits unless an employer knowingly or intentionally discloses information that is false or misleading or that violates employee’s civil rights.

As permitted by state law or local ordinance, an employer may provide information regarding a former employee’s:

• attendance, attitude, and effort,
• awards, demotions, and promotions,
• disciplinary actions,
• education, training, or experience,
• eligibility for rehire,
• job performance,
• knowledge, qualifications, skills, or abilities based upon credible evidence,
• length of employment, pay level, and history,
• performance evaluation or opinion,
• professional conduct,
• reasons for termination or separation,
• violations of law, and
• work-related characteristics.

The information shown above has been compiled from various state laws for references and statements by former employers. Hiring employers may ask a variety of questions relevant to employment history and work experience to aid in making informed hiring decisions.

Employers will need to research applicable state and local laws to be sure their employment verification policy and practices are compliant. For permissible purposes of employment verifications and references, employers must provide a “truthful statement of any facts.”

The implied warranty of habitability requires a landlord to offer and maintain leased premises in a safe and sanitary condition fit for human habitation for the duration of the lease. The tenant’s covenant of quiet enjoyment ensures the tenant that during his tenancy, his use and enjoyment of the dwelling unit will not be disturbed by others including the landlord. For compliance with habitability responsibilities, a landlord can request access to the rental unit as needed for inspections and repairs in order to make sure the property is safe and well maintained.

While ownership of the property and possession of the property are separate matters, at times such matters can create landlord-tenant tension when the landlord requires access to the rental unit and the tenant views the landlord’s entry as a violation of privacy. The landlord can remind the tenant that the lease agreement sets forth the landlord’s legal right to enter the premises for permissible purposes during reasonable hours. Furthermore the issue should always be adequately covered in the lease agreement and discussed during the tenant orientation meeting. Generally with open communication and discussion with the tenant regarding the business necessity for entry, the landlord is granted access to a tenant-occupied property. The tenant should be reassured that the landlord, or the landlord’s agent, will remain in the tenant’s rental unit only for the amount of time required to complete the inspection and maintenance work. If the tenant wishes to be present during the entry time or be represented by a representative, a landlord should try to accommodate the tenant.

Certainly it can depend upon the circumstances of the landlord request and the nature of the tenant’s refusal, but in general the landlord has the legal right to peacefully enter the rental premises to conduct his business during reasonable hours. If agreement is reached regarding entry to the premises, it may be good practice to have a witness accompany the landlord or the landlord’s agent to observe the work being done and to counter any claims by the tenant of unlawful conduct by the landlord or his agent.

Statutes of some states may allow the tenant to refuse a written request for entry, but could require the tenant to prove justification for his decision. If the tenant repeatedly refuses landlord access to the rental unit, the tenant could be held in breach of his lease for failing to cooperate, thus providing a cause of action for the landlord to proceed with an eviction lawsuit.

To protect your business you may decide that,, even though the tenant originally qualified, you need to evaluate the tenant’s potential future financial risk. A tenant who qualified under your rental standards a year ago may have had a change in circumstances that may not meet your current qualification criteria. Be sure you understand current applicable laws regarding the use of consumer reports by landlords for tenant screenings before conducting any screening for qualification. Current and pending legislation at the state and local level may regulate or prohibit the use of consumer reports for tenant screenings.

However, many landlords considering a lease renewal for a good tenant will usually review the tenant’s file, look to the tenant’s rent payment history and how the tenant has conducted himself during the lease term as the primary factors for a renewal offer.  If the tenant has fulfilled his lease obligations, i.e. taken good care of the property, does not cause disturbances, followed rental rules, etc., most landlords would prefer to retain a good tenant rather than incur the often significant costs associated with tenant turnover.

The decision for lease renewal is the landlord’s decision. If you have concerns about the tenant’s future ability to meet lease terms and conditions, you would obviously allow the tenancy to end at the lease expiration date. Alternatively, you could renew the lease on a month-to-month basis.

When you and your tenant agree on renewal lease terms and conditions, you should have the tenant update his personal information such as current phone numbers, email addresses, emergency contact information, and current employer for your records.