What Should a Landlord Do if They Cannot Verify a Tenant's Right to Rent?

Federal law requires landlords to inform tenants if their lease application is denied due to information in a tenant selection report. When such a deferment is granted, the tenant must deposit the rent due during the extension period in court within five days of the rental agreement expiring. The landlord must also notify the tenant in writing that they have the right to obtain renters insurance separate from the landlord's policy. The landlord can use the funds held as security to pay claims according to the homeowner's self-insurance plan. For example, refusing to rent to someone with a criminal record may be a violation of the Fair Housing Act.

Landlords are not required to notify tenants when they make a request for maintenance, but they must have access to their property in order to carry out inspections, repairs, etc. If the rental agreement states so and if the tenant refuses to allow the landlord or managing agent to display the housing unit for sale or rent without reasonable justification, the landlord can ask for compensation for damages, costs and reasonable attorney's fees. The authorized contact person identified in the rental application, lease agreement or other landlord document can access the housing unit or facilities and tenant records maintained by the landlord and legitimately claim the deceased tenant's personal assets and manage their affairs with the landlord. If there is an emergency such as water leaving the roof, it is justified for the owner to enter the upper unit and try to find out its source. If landlords take out damage insurance for their tenants, they must provide each tenant with a summary of the insurance policy or certificate attesting to its coverage before signing the rental agreement.

They must also make a copy of the policy available upon request. To obtain a possession order from a court that terminates a lease due to illegal drug-related activity or any other activity that involves or constitutes a criminal or deliberate act that poses a threat to health and safety, landlords must demonstrate such violations by preponderance of evidence. Tenants who initially choose damage insurance instead of a security deposit can switch and pay the full security deposit to their landlord at any time without their consent. The court may also reduce rent due if there is an existing condition it determines. Authorized occupants, guests or guests cannot occupy the housing unit after the death of the only remaining tenant and must vacate it before 10 days are up. If landlords deliberately fail to comply with this section, they will be ordered by court to return the security deposit to their tenant along with actual damages and reasonable attorney's fees unless they owe rent.