Many landlord issues can be traced back to the screening process. The application stage is where landlords make their first and most important decision with the lease: who to rent to. It is also one of the most common points where Fair Housing Act violations occur. A rushed or inconsistent process can create liability before a lease is ever signed. Whereas, a clear, objective, and consistently applied screening process not only helps identify stronger tenants, but also provides protection against claims of discrimination.
A rental application is the first step in that process. The application should be standardized for all applicants and focused on objective criteria such as income, rental history, and other measurable factors. At the same time, landlords should avoid questions that could create Fair Housing concerns, including those related to race, ethnicity, religion, sex, gender, marital status, familial status, disability, citizenship, and/or age.
Just as important as what you ask is how you apply your criteria. Income thresholds, rental history, and criminal background checks should be applied consistently to every applicant. Policies that are overly broad or applied inconsistently can create legal risk.
As part of the screening process, landlords can use tools such as Iowa Courts Online to find prior eviction filings, patterns of nonpayment or lease violations, and a history of litigation with landlords. However, this information should be used consistently across all applicants, not selectively.
Finally, application decisions should be properly documented. When an applicant is denied, the landlord should clearly identify the legitimate, non-discriminatory reasons for that decision and ensure those reasons align with the criteria applied to all applicants.
Nick A. Sailer is experienced in handling landlord-tenant matters. If you have questions, contact the firm at 563-927-6425.
Nick Sailer Law, P.C. blogs, legal updates, and other content are for educational and informational purposes only. This is not legal advice and does not create an attorney-client relationship between Nick Sailer Law, P.C. and readers. Readers should consult an attorney to understand how this content relates to their specific situation. You should not use Nick Sailer Law, P.C. content as a substitute for legal advice from a licensed attorney.
