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« Practice Pointer: The Benefits & Risks of Residential Lease Guarantors | Simple Apartment Marketing Checklist »
Monday
Sep142009

Is the former landlord REALLY a landlord? 

 

Unfortunately it is not unheard of for an apartment applicant to provide bogus prior landlord references.  Sometimes the references are actually relatives (like a mom who wants the applicant to get our of her house) and sometimes the bogus reference is a friend.  How can an owner or manager detect these bogus references? 

It’s not easy.  But there are a new questions you can ask that may make it easier for you to determine whether or not the reference is legit.  Some of the questions will reveal the fact the landlord is not really a former landlord because of the reference will lack basic knowledge of the alledged tenancy or basic information about the property.  In other cases, you will not know the real answer to the questions you pose, but the asking of the questions and the responses you get from the “reference” will give you the opportunity to assess the veracity of the reference based on their answers and voice demeanor.  That’s not a perfect system, but it is better than nothing.

Two Sets of Questions

First, when verifying the background information of an applicant, ask the reference if they are related by blood or marriage to the applicant.  If they are, you need not completely discount the reference, but you should value it in accordance with the family relationship. 

Second, ask the reference to provide you with details regarding the rental history of the applicant, such as the monthly rental amount, both when the applicant moved in and out; the move in and move out dates (month-day and year), as well as the security deposit amount and how much of the security deposit was returned.  Ask for the building zip code.  A friend may not know this, a landlord will definitely know the zip code for their building. 

The more questions you can ask about the tenancy, the greater the likelihood that one of your questions will not have been rehearsed by the prospect and their bogus reference, if in fact the reference is bogus.  (There are other questions you should ask as part of your standard verification procedure regarding their suitability as a resident, but they are not related to the issue of the identity of the landlord and so they are not discussed here.  For a list of the qualification questions you should ask a former landlord, visit www.MyRentalUnits.com.)

Some landlords may decline to provide any information other than Yes or No responses to questions; or they may only confirm information, citing company policy.  Generally it is only the most sophisticated landlords that take this defensive position as part of their legal risk mitigation plan.  For these instances, have an alterative set of questions ready. 

Suitable “Yes” or “No” and Confirmation questions include:

  • Did the former resident provide the required notice?
  • Did the former resident pay $______  per month in rent [insert an amount you know to be incorrect] per month? 
  • Was the security deposit $_____ [insert an amount you know to be incorrect]?
  • Did the resident move in/move out on [insert a date you know to be incorrect]?

Create a series of questions which include both accurate and inaccurate statements.  Make sure you request this information as part of your standard application package so you can go back and determine if the responses of the “reference” are accurate or inaccurate. 

While you won’t be able to protect yourself from every scam-artist and avoid every fraud out there, you will reduce your chances of being taken advantage of, by following these consistent and thoughtful procedures.  By following consistent best-practice procedures you will greatly increase your chances of revealing the bogus reference! 

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