What information should be kept in a tenant file?
Landlords need to keep records on all applicants, current tenants, and past tenants. Documentation related to all applications, whether withdrawn, rejected, or accepted, should be retained, including date/time of contact and unit(s) shown. A log should also be kept of all calls from prospective applicants, even if they never visit the property. Records should be kept that show periods when vacant properties were available. The best defense against a Fair Housing claim is being able to produce a set of records that shows consistent nondiscriminatory application of written screening and selection criteria.
While the documentation retention period will usually be in the range of 2 to 5 years, it may vary from state to state and from time to time because of changing requirements for both federal and state laws. The types of records of concern will also vary.
A well-documented tenant file may include:
- Property address/unit designation information,
- Rental application,
- Copy of tenant’s photo identification document,
- Reference checks,
- Credit report,
- Background check (if applicable by statute),
- Employment check,
- Income verification,
- Signed lease agreement,
- Contact information,
- Vehicle information,
- Emergency contact information,
- Cosigner/Guarantor agreement if applicable,
- Monthly rent amount,
- Rent due date,
- Security deposit amount,
- Other fees, deposits,
- Lease agreement term – beginning and ending dates,
- Signed Move-in checklist,
- Signed receipt of keys,
- Correspondence,
- Tenant requests,
- Repair and Maintenance records,
- Inspection reports,
- Notices and warnings, and
- Notices of request for landlord entry.
Maintaining complete, detailed, and up-to-date tenant information is essential to document the individual’s tenancy, the landlord’s compliance with legal obligations, and more likely to result in the landlord prevailing in any legal conflict with the tenant.