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Recently entered the US - Landlord Forum thread 332724

Recently entered the US by J (FL) on March 27, 2015 @08:15

                              
I had a man and his sister and mother want to rent the place...I told him there was a credit check on all adults (applicants)...he said his sis and mom had just moved to the US from Colombia, so they wouldn't have any credit...I said it didn't matter, and they got mad and left the house...

Did I handle this the correct way? I have no idea how I would check the background of someone who just entered the US...not just credit, but criminal, rental history...or should I assume the US gov't did a thorough criminal check before even allowing them in (and that's assuming they are here legally). Thanks!

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Re: Recently entered the US by Katiekate (New York) on March 27, 2015 @09:18 [ Reply ]
If they are legal, then they have a passport from Columbia. They have an entry visa issued from the US INS. They have a green card (allowed to work). And they have the documentation that states how long they are permitted to stay (beware the student who comes and then never leaves).

The other problem you may have is suddenly having a large number of people living there.

Usually when I would ask for copies of all those documents... I never hear from them again
Re: Recently entered the US by Peter Taylor (California) on March 27, 2015 @12:55 [ Reply ]
J as it was mentioned to you anybody who comes legally, meaning a passport and through customs, into the USA has been checked quite well specially if they had any criminal background. The same as if you travel to their nation, Japan or Europe. And with 3 members of the same family there is more history, paper trails and checks.

I would not worry so much about their credit history. In the Americas people in Colombia tend to be well educated in par with Argentina, Cuba, Brazil, Uruguay or Chile and they can be great tenants. IF they were from another American nation like Ecuador, Mexico, Peru, Guatemala or Bolivia then yes I would be more careful.

The other thing is that Colombians are not like Mexicans where the bigger the family + the aunts, uncles and cousins, the happier they are.

But for your protection in the lease make it clear how many people will be dwelling in there and if later any additional person plans to move in the house you must be notified in writing and should be approved by you specially if the house was built to accommodate more people. You can also make it clear in the contract that in the event of that happening you shall raise the rent as well.

I lived in Italy for a few years and in most nations of Latin America, save for the many different Native American tribes there, the culture and customs are quite similar to Italy or Spain. That is why is called Latin America.

Women there, not all of them, after they get marry may stop working so the only income will be from the husband. And chances are that the mother was probably a housewife with all things provided by her husband as well. So that is why they don't have any credits they way we see it in the USA but make not mistake even if the man dies they are well provided.

I would be more concern with the man, who is the son and brother, and find out where he is working, his income and how long he has been working at that place or how long he may stay there.

Get also a security deposit.
Re: Recently entered the US by Anonymous on March 27, 2015 @15:56 [ Reply ]
You will not be able to check credit, criminal, rental or employment history, which are the very foundations of our screening and application process, on people that just moved to the US. But as mentioned before they must have a valid Visa, a work permit, etc. If they just moved here, even legally, they will not be citizens yet, and you may have to deal with myriad issues related to non-citizens. Since there are tons of tenants that are U.S. citizens pass on these non-citizens. Why do you need extra headaches and issues?
Re: Recently entered the US by MrDan (Georgia) on March 27, 2015 @17:10 [ Reply ]
Here are a few thing you can do, Millions of Non-U.S. Citizens rent each year in the U.S.

Asking applicants to provide documentation of their citizenship or immigration status does not violate the Fair Housing Act. A landlord has a legitimate basis for asking for this information because it may affect how long the individual is able to be present in the country and, as a result, whether they will be able to fulfill the lease's term. The landlord can request the applicant to produce proof that they are lawfully in the U.S. The kinds of documents you may see will include passports, visas, "green cards", or other documents from the INS showing the person's status.

National Apartment Association provides a Supplemental Rental Application for Non-U.S. Citizens as an addendum to its lease. The form, which is only to be filled out by non-U.S. citizens, asks the applicant to show the apartment owner documentation from the U.S. Immigration and Naturalization Service (INS) that authorizes the applicant to be in the United States.

http://www.thegoodwynn.com/pdf/Goodwynn%20Supplemental%20for%20Non%20US%20Citizen.pdf

A Supplemental Rental Application for Non-U.S. Citizens must be completed and one of the following must be provided for identity verification purposes only:
1) Form I-551 Permanent Resident Card,
2) Form I-485 Application for Adjustment of Status,
3) Form I- 94 Arrival –Departure Record,
4) Other official U.S. Citizenship and Immigration Services document.

Verification can be made by any combination or all of the following;

Letter of Employment - (On Company letterhead stating position, salary and length of employment, including the number of years they worked for their current employer).

Letter from Current Landlord - (Should reference the length of tenancy and history of paying rent on time).

Last two pay stubs

Last two years’ tax returns

Last two months’ bank statements

Two personal reference letters

Two business reference letters

Income can be verified with letter of intent, work visa, work petition or verification of funds in a United States Bank. If income cannot be verified, the lease can be paid in full with United States funds.

You can also ask for a 'Surety Bond in lieu of, or in addition to the required Security Deposit. A Surety Bond is a written agreement that provides for monetary compensation in case the resident(s) fail to perform all terms of the lease agreement. A Surety Bond does not relieve the resident of any lease obligations.

Note; Form I- 94 Arrival –Departure Record will state how long they are allowed to stay in U.S. It can be verified through Homeland Security (https://i94.cbp.dhs.gov/I94/request.html)

We have often rented to Non-U.S. Citizens and have had no problems.

As to your statement "I told him there was a credit check on all adults". It would have been better to state that all applicants will need to meet your 'Rental Criteria'.
You handled it perfectly by CCRider (CA) on March 29, 2015 @02:16 [ Reply ]
People new to the country, with no way to verify their credit or background, are not a protected class.

You don't have to bend your rules for anyone. Their challenge is not your problem. You have to protect your investment, and your screening criteria is the best way to do that.

They'll find another place that will take them - for more money or a worse neighborhood, or whatever.

But, you can't take the chance they are a bunch of liars or criminals or who-knows-what. You can't afford to give people like this the benefit of the doubt.

And remember, if you don't apply your criteria across the board - you get in trouble with fair housing. If you do apply your criteria across the board - you don't. Even if that means someone new to the country can't rent from you.

People new to the country, with no way to verify their credit or background, are not a protected class.

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