Question I have a tenant who lived here in the past moved out 2018....

Question
I have a tenant who lived here in the past moved out 2018. While here never got along with neighbors always calling police on people for nonsense. Left several negative reviews online about the property and staff. Now they’re coming in office, submitting Zillow inquiries wanting to come back. I do not want her back it was nightmare last time and it will be the same again.
Do we have to allow a past tenant to apply and move back? I’ve been... Show more

Jennifer Ryan I'd just chalk that up as a bad rental history and move on to the next. her rental history with you is AS important as it is anywhere else. Why invite a headache back?

Tonya Burton-Clark Jennifer Ryan yes that’s what I am wanting to do. I just don’t want her to try say I was discriminating against her or something.

Kathi Marie Jennifer Ryan Exactly this. We always make sure to document our interactions. I have actually had conversations with past residents inquiring and the first thing I always say is 'let me take a look at your file from the last time you lived here, to see if you were current on rent and had any issues or negative interactions with neighbors or management". A lot of times I get an 'oh, you have all that?' haha..darn right I do. I would never invite a headache back.

Sarah Yadira Hong Jennifer Ryan we had the same situation and informed the person that they “welcomed to apply” however would more than likely be denied due to the negative rental history. They came in 5 days in a row, we provided the same answer and thank goodness they didn’t apply.

Guest Insider No, you do not have to allow her back. Hopefully you have documentation from the previous experiences, but your history proves you’re denying her for something that doesn’t violate fair housing.

Guest Insider Same as refusal to renew based on behavior.

Brandy Blazen I just had this happen too! Just ask them why they would.want to move back if they were so miserable the 1st time. I've even discussed the previous reviews. With that said, follow your company's screening criteria. If they qualify, then they get to move in. Hopefully, part of that criteria is rental history. I let mine know she can certainly reapply but rental history is a factor and she would be declined. I'm so glad we have very detailed documentation. Best of luck.

Guest Insider Yep, take the app, deny on prior history (yours), my lawyer told me, being an a**hole is not a protected class.

courtney jennings We have a not qualified list. People are put on this list if they apply and do not qualify or move out owing balances, did damage, or if we have documented their behavior.

Guest Insider Absolutely not just tell her that there is a bad history of her rental verification and no

Guest Insider I'm very interested to know what your attorney will say. As for everyone sounding off here, I understand where they are coming from, but all of my fair housing training and training in the industry has taught me that I cannot deny a person based on my personal opinion and experience. That unless the screening criteria denies her, I cannot. Now, I do strongly believe in having an upfront conversation with her that lets her know that her residency this time cannot mirror her residency before, but I have never heard that you can deny, or tell someone they are denied, based on their previous history of negative behavior like this. Maybe no one has told me before, but I feel like that's a verrrryyy slipper slope.

Jennifer Ryan But you can deny a bad rental history which the resident has from this property. Bad rental goes further than not paying rent.

Karen Mallinger You can’t tell them not to apply, but maybe they will surprise with something like credit going south since you last knew them. And I agree, do you ask about complaints, conflicts with neighbors, lease violations, etc. on your rental verification? That’s an easy denial based on rental history if you’re asking that about everyone else.

Guest Insider She can apply… you don’t have to rent. Her prior behavior will make her unqualified.

Melinda Sharp I’m in Indiana. I was told by a reputable attorney that you absolutely do not have to approve someone’s application whose rental history shows unfavorable qualifications: especially when you have personal knowledge and have documentation. Sometimes you have to stand up to the bullies.

Miles Scruggs Just deny her. Being a difficult person at this point is not a protected class. I don’t know why you are even considering her in the first place. That is a bit weird.

Megan Goodmundson What will be your reason for denial? A bad review of management? That sounds like retaliation. Calling police on neighbors? Look at her payment history, the condition at move out, did she comply with other rules and regulations? Denying for being vocal about her dissatisfaction sounds too similar retaliation

Antonio Leon Megan I disagree. If this resident made life difficult for other residents AND management then they don’t have to be allowed back.

Laura Renaldo Also where did she go? You could certainly use that rental history as well as your own documented history. But print those reviews out before she goes in and deletes them.

Tonya Burton-Clark Laura Renaldo the place she went to did non renewal due to issues she was having there. I have screenshots of all reviews. Just crazy that people can act anyway they want, treat staff horribly and we can’t do anything just have to allow them back

Laura Renaldo I think you are good to go especially with that rental history. Just let her apply and have your evidence ready to go from both properties.

Guest Insider My favorite thing to tell my staff: being an asshole is not a protected class.HOWEVER, this really comes down to the particulars of why you want to deny her and how well you and your team documented it. If it’s just because they were voicing their displeasure and calling police (unless it went far enough to be warned for harassment), I wouldn’t see that as enough reason to deny them. Refer to your lawyer since the answer really varies depending on what you have documented on your end.Also previous rental verification should be reviewed as well.

Guest Insider If you have any documents in her past resident file to back you with poor tenant history then use it. No discrimination there.

Guest Insider How far back do you go on rental history? If you do 5 years or more you can deny them over rental history as you would be one of those.

Jose Maciel I never deny someone the option to apply. In your situation I wouldn't either but, I would weigh heavily on what her "previous management" says!

Guest Insider After 37 years of Prop mgmt I have found that if they are coming back after being so "unhappy" it usually means they had issues at other props and you are thier last resort. Shouldn't be a problem to deny based on rental history. If they insist I am sure they will get bad references elsewhere.

Guest Insider You do not have to accept her application and you do not have to give answer why.

Guest Insider Just rent to a person that is even a little more qualified Justified on all ends right there.

Guest Insider You can deny an applicant based on a bad rental verification (in most states) so I would think you can deny them based on that?

Guest Insider Bad reviews isn’t a reason to now re-rent. You need to have documented complaints, Damages etc. Just cause you don’t like her and she made your life hell, isn’t a valid reason

Fred Montgomery My second ex-wife wasn’t allowed in several places because of her bad behavior there. This shouldn’t be any different. I’ve seen several people non renewed for being disruptive to the community and even a couple evicted. I wouldn’t even take her application if I knew she wasn’t getting in because to me that’s stealing her fees. Just tell her “hell no” and let the chips fall where they may.

Guest Insider Send yourself a rental verification and fill it out honestly

Guest Insider When she moved out did you give the next landlord a good reference?

Guest Insider Did you issue any lease violations while she was living at your property?

Guest Insider Absolutely you should qualify based on current criteria. You can't reject an application based on the fact the person is a pain in the butt!

Guest Insider Lots of thoughts here, it's hard to deny anyone who qualifies by law.HOWEVER, if you have the proper documentation of how they were prior to moving out, causing problems, disrespecting neighbors, etc. You can deny them. Make sure you've never done a Rental Verification stating you would lease to them again. That would be a bad Fair Housing mistake.You might want to use all her reviews that she has posted. Explain you will not rent to someone who has defamed the name of your community. CHECK with your corporate office, but I'd do whatever or find whatever to not let them back at your community if they were that unhappy.Uugh!! Why do we, as Property Managers, have to wear so many hats!

Cindy Shearer At least you know up front what you are dealing with. We have had 2 or three repeat tenants thst were just about gold on the first go around. The second time around, we were glad to be rid if them when their lease was up. In fact, one of them, we did not offer a renewal lease to them when the lease was up.

Tonya Burton-Clark I accepted and processed their application. Credit did not qualify, income did not qualify and rental reference I received from past landlord was a negative one. I am going to send application packet to another property manager in our company and let her make the decision. That way prospect can’t come back and say I denied for any retaliation reasons.

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