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Re: Declined tenants ask for Quick Check reports
by MrDan (GA)
on July 27, 2016 @15:52
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Not sure if you are aware of the law in Texas when screening applicants.
"Landlords are now required to provide applicants with written notice of their eligibility criteria so applicants don’t pay money to be automatically denied. If the landlord does not provide or post the eligibility criteria (e.g., income, criminal history), and the landlord rejects the applicant, the landlord must return everything the applicant gave them including the application fee and deposit. Section 92.3515, Property Code.
Since you are not declining the applicant due to any credit issue, there is no need or requirement to provide any additional information. But you did say you declined the applicant for "other reasons". You could release that information as to why they were declined. It's just natural to ask why a person was declined to rent. The real issue that many landlords face is that if they fail to disclose the reason used to declined the applicant, the applicant may feel it was because of a discriminatory reason, which could result in Fair Housing testers investigating the landlord for violations. On the other hand, disclosing the "other reason" would provide that no discriminatory reason exist in which to file a complaint or charge.
Whether you decide to provide an applicant with an explanation as to why they were denied rental or not, all landlords and property managers should memorialize the reason that they rejected the applicant in writing for their own records. The landlord should retain the paperwork for at least three years as this is the statute of limitations for the majority of most fair housing claims.
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