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Tenant requesting copy of old App - Landlord Forum thread 357417








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Excuses!

Tenant requesting copy of old App by CC on May 17, 2018 @08:51

                              
Two tenants (a former couple) are renting a house from me, and their lease expires mid-June. (They have broken up though, and the woman moved out two months ago to another state, the man stayed. Both are still on the lease though till it expires. The man told us recently that he has already secured another place to stay when the lease with us ends. All good.

A couple of days ago he left me a voicemail asking for a copy of the original application they turned in to keep 'for his files.' Ordinarily, I'd probably send it and not think twice about it (even though I've never had a tenant ask for that before). But in this particular situation it strikes me as a little odd to me that he wants it as the bulk of the information on the application is that of the other tenant's (the one who moved out), not his.

When they were originally applying, I told them to each fill out separate applications (as I always have each adult do, whether they are a couple or not), but both times they sent in their app with both of their info combined on one form. [This should've been red flag #1 for me that they could not follow instructions, but instead of trusting my gut feeling, I decided to let it slide and not make a big deal over it since I felt the majority of info i needed was there and also because they came so highly recommended by a local real estate agent.]

It was mostly the woman's info on the app - HER work history, HER rental history, HER references, her social & license numbers, etc. etc. In fact, the only info on the form about him was his current employer & income and a social security number. HER history, income, credit, references, etc were all very good - I verified it. I was also able to easily verify HIS employment & income. Looking back now though, I realize there were reasons he provided so little info about himself on the app other than that.. and it is my fault for not demanding that separate app and also for not doing a more thorough criminal background check on him. That being said though, they have always paid rent on time, and the place still appears to be in very good condition, and we have always been cordial & friendly when communicating with each other. But I can't help wondering why he wants a copy of an application that contains mostly info from the other tenant.

Am I'm legally obligated to give it to him? If I do, should I white-out some if the info on it first? Should I just tell him I no longer have it? They both signed their names to the app that the information was true.

Any input or suggestions is welcomed. Thanks!
[ Reply ] [ Return to forum ]

Re: Tenant requesting copy of old App by Anonymous on May 17, 2018 @09:37 [ Reply ]
I would tell him no, that the application had both parties info, and you are not going to give out any other person personal information.
You could remind him that you gave two separate applications and they decided to combine there info onto one paper. Not your problem.
I have wording in my applications, that states once the application is in my hands it is never returned. And I destroy at my convenience.
I would doubt he has secured a new place to move to if he is asking for this application info. Probably wanting the personal info of the woman who moved out, to apply at a new location.
Be ready to post notice to evict if he stays longer than the lease term. Get prepared.
Re: Tenant requesting copy of old App by Michelle (CA) on May 17, 2018 @15:43 [ Reply ]
the link for disposal is not found
It would be great if you do locate the information to post it, and that might be your answer because you have disposed of her information from your records, but it sounds like you are using it--why not write a new lease to reflect who is living there https://www.ftc.gov/opa/2005/06/disposal.shtm

https://www.privacyrights.org/consumer-guides/renters-guide-tenant-privacy-rights
b. Do landlords have to keep information private?
Some. When a landlord collects information in credit and tenant screening reports, it is subject to the FCRA and should not be used for any other purpose. In addition, when a landlord is no longer using the data, the FCRA requires when no longer of use, data subject to the FCRA must be disposed of properly in accordance with FTC rules. Proper disposal is required for information included in either paper or electronic format. Landlords, as users of consumer reports, must follow the rules the same as consumer reporting agencies that issue reports. (15 U.S.C. 1681w (a)(1))
Re: Tenant requesting copy of old App by Katiekate (New York) on May 17, 2018 @16:58 [ Reply ]
I do not keep them. I enter the info into the online service...once I get the credit/criminal/background check back I keep the information only inside my rent right database... the paper is burned. Regardless of the out come..tenant or not...the paper is burned.

Nothing to give back.
Re: Tenant requesting copy of old App by Bubba on May 21, 2018 @15:44 [ Reply ]
Your current tenant wants the private information of the tenant who moved so he can mess with her. Tell him you have consulted your attorney and you can not return the application with the private information of another on it. Then hang up the phone.
Re: Tenant requesting copy of old App by Peter Taylor (Ca) on May 21, 2018 @23:04 [ Reply ]
It doesnt have to be that complicated it. Just give him a copy but before doing so take a sharpie and black/white out any privy info re: the woman. Just give him a copy containing what he jotted down in there about him.

So it looks as if only one person was living there. The last thing you want is this man going to her work place and start stalking her.

If he ask why her info is not there then you know why he wanted it and say kiss my rear end or "her private info is non of your business and you are advice that I will make a note of this conversation and keep it for any future law related situation, I will also cc to my attorney, a couple other folks and to an uncle who is a policeman.

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