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None Of Your Business

By
Real Estate Broker/Owner with Daytona Condo Realty, 386-405-4408

There was a featured blog yesterday by Wayne & Jean Marie Zuhl Landlord wants credit check? Client says "No way!"

A very good blog post, good question and many stunningly disappointing comments.

Here is the story. Tenants have crappy credit, but make decent money and offer to pay rent for the whole year in advance in full.

The whole idea of credit check is to try to avoid non-payment down the road. When you got all your cash, why do you need a credit check? The Landlord met with the couple, loved them, everything was fine. And then the Landlord’s agent called and said he wants a credit check. And tenants said “no” and walked away.

My first thought was “it is probably the agent who suggested this, and what a moron this agent is”

And then I read comments, and it felt like AR uniformed response. Agents sided with the Landlord (and his moron agent). Why? Oh, because of tons of reasons, with some stated here:

1. tenants might be hiding something, if they refuse a credit check
2. it could be difficult to evict them when the year is up
3. if you usually ask for credit check and it is what you call “system” ask for it no matter what.
4. there is also a bunch of other mostly irrelevant reasons...

Gosh, isn’t it pathetic.

Tenants pay cash and cash is better than credit. What more security the landlord can get than cash until the last day of the lease term? And if they pay cash, why would I care where and how they messed up their credit? And even whether they have any credit...

 

Credit check does not make evicting easier, never did, never will. It is BS. It gives hope that you wouldn’t have to evict, but things happen, and the best guarantee is… cash in the pocket. You would not need to evict for non-payment, as you already got paid. Beats Credit check 100 to 1.

If suddenly getting rid of the tenant after the end of the term is a concern, take security deposit (there is nothing in the blog about it), so the landlord is protected. In Florida you need 3 to 4 weeks to evict, so you are protected. Please, spare me horror stories with botched evictions. If you do it right, you evict, period.

And who said it is easier if you had a credit check?

None Of Your Business

Is it any wonder that people read what we, professionals have to say, and laugh? I called a few people who do their own rentals and asked them whether they would refuse to rent to people with cash if they refuse credit check. They laughed. They would take such tenant any day.

Imagine you bring the buyer for the house, and the buyer pays cash. And the Seller tells the buyer to go to BoA and qualify for a mortgage. Hey, the buyer does not need a mortgage. No problem, he does not have to take a mortgage, but let him go and qualify to make sure everything is fine.

If everything there were OK, why would the buyer object? This question was in many comments. Why would the tenants object?

You do not know why? I do. 

Because it is none of our business, that’s why.

I respect systems, but it is very sad when systems replace the need to think and assess the situation.

Bad case of CYA is when the last letter represents the thinking organ.

Difficult to disagree.

P.S. I was pleased to see a few last comments (as of 1:30 AM), which were like fresh air.

* Image is by Lin Pernille Photography LLC via Flickr.com (modified)

Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Thank you, Jane. yes, you can't stop people from going bankrupt, losing a job, divorcing... Thsi is life and there is risk. When it is prepaid, there are fewer risks, not more risks, and this is a tough notion for some agents.

Jul 02, 2013 09:41 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Mary - thank you. makes sense, and this is what counts

Jul 02, 2013 09:42 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Carol - so true. Why are we so curious, when there is no reason for that whatsoever?

Jul 02, 2013 09:46 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Joe - so true. Your gut feeling may have more weight that the Credit Check Report. It is like appraisal. It tells you how it was, not how it will be.

Grteat credit report shows how good things were for the person, not how great they will be in the future.

Jul 02, 2013 09:49 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Robert - sure, cash is better than the best credit report. Thank you

Jul 02, 2013 09:51 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Jon, I happen to very much agree with you.  I did not see the post in question, but I WILL go over to it now.  You just KNOW that if I disagree with what most of the comments are... with them sort of "falling into line"... that I will definitely make my feelings known.

Oh... I'm so "shy" with stuff like this... LOL.

Jul 02, 2013 01:21 PM
William Johnson
Retired - La Jolla, CA
Retired
Hi Jon, Great Post and a very interesting topic. I am not an authority on property management so I will reframe from commenting specifically on the issue.
Jul 02, 2013 01:24 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Karen Anne - I do KNOW :) nd appreciate your voice. In this discussion I am sometimes puzzled, as agents explain why they like Credit Check, and I have a feeling that they are missing the whole point of why they need a credit check report.

It is sort of the best thing if you do not have cash. But here is a twist in circumstances, and they seem not to notice it.

Strange.

Jul 02, 2013 11:40 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

William - I am not an authority either, was simply looking at reasoning why things should be done one way and one way only, and could not see it

And still can't:)

Jul 02, 2013 11:46 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I can certainly understand your position, Jon, that when a renter pays cash upfront for a year, the risk to the homeowner is minimal as far as receipt of funds, and I can see why you would not believe a credit report is necessary. However, if I were renting my own home to a tenant, especially if that tenant paid me upfront in cash, I would still want a credit report.

For one thing, I would wonder why the tenant doesn't have a checking account. Banks notify the government about transactions exceeding $10K. A credit report says something about a person's character. Are they running a drug ring? What are they hiding? Will they sell guns off my back porch?

You can't rent a hotel room without a credit card, even if you pay in cash.

Jul 03, 2013 04:47 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Elizabeth - good comment, thank you. If people submit a credit report and you did not find anything bad there, it only tells you about them in the past. If they start doing all these things after they move in, you are as vulnerable, as you can be.

Hotels uses credit cards when you check in for exactly different purprose, i.e. to make sure they will get compensated if you leave and there is damage. Then they can charge you without you being able to stop it, unless you later contest it with their CC provider.

Cash upfront is not a guarantee of their good behaviour, but a guarantee of payment, which is already made. Credit check report is not a guarantee of their behaviour, only a weak indicator, however, it does not guarantee the payment, while cash IS payment.

Dealing with immigrants, you would find people, who are extablished in the country, and live here for a long time, and maight be doctors, and other professionals, well paid, and you might to your surprise find that they may have 0 credit.

I know a real estate broker right here, who has 0 credit. never used it, everything is for cash. It is considered very bad to use credit in many cultures, believe it or not.

But if they come and pay me for a year ahead, why would I ask about their checking account? To make sure they can pay? But they have already paid me...

Jul 03, 2013 06:14 AM
Anna Dovger
Add Value Home Staging LLC, 281-704-6607 - The Woodlands, TX
Home Staging -The Woodlands, TX

Hi Jon, I read all the comments to both blogs. There are only few form actual landlords and they would all take the tenant. I have been managing my own 10-units complex for 9 years now and would GLADLY take a tenant who would pay in advance. I would run a criminal history and ask for at least half a month security deposit. After 11 month I would renew the lease. If they will not renew but stay after, and if I will not get my rent by the 7th on the 13th month, I would start eviction process so they will be gone for sure by the end of the month. Yes I would loose 1/2 month rent but how many months did I loose having a bad tenants with checked credit? Plus you loose at least 1/2 a month rent anyway preparing you unit for the new tenant after the lease expired and people move out.  I have to say that having a good tenant is like winning a lottery and it doesn't matter if you had a credit checked on them or not...I tried both-works the same ;-).

It was a lot of "comments what will happen if" but you have the same chances of non payments, trashing your place, or evicting your tenant with credit checked and approved. Past 2-3 years I worked with the agent who did run a credit check for me. I had 2 evictions and about 5 broken leases.

This landlord had a proposal for one year of his income covered 100%. What else did he want? 

Totally "non of your business" situation.

Jul 03, 2013 02:55 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Michael (#23) - I see your point, but not necessarily agree for the following reason: they earned the right to hide by prepaying for the service. "You want either the gurantee that I would pay, or the full payment. I paid, why do you need anything else?"

They wouldn't have qualified as tenants paying every month, due to whatever problem they have, so they mitigate it with the cash advance covering the full term.

Destroying the property is not exclusive to cash buyers, your "regular" tenants could be destroying it as well.

With the cash tenant, who paid upfront, if you notice that they destroy your home (and you can), then you can claim breach of the rental agreement, which has the provision that the Landlord has the right to protect the property, and you can force the tenant out, and not return money. With a "regular" tenenat you can evict or eject, but not get the money, so I do not see any more protection here.

Jul 04, 2013 12:07 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

And this sums up your point - common sense has left the building for many people in this generation. They are bound up in their systems and procedures and can't step back and make a human assessment.

 

"I respect systems, but it is very sad when systems replace the need to think and assess the situation."

 

Jul 04, 2013 01:28 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Sharon - it is really sad, as then they are asking why general public does not have high regard for real estate professionals. One answer is that they read what we say, and when all they see is an attemot to protect from any liability, and avoid any responsibility, the public understands, that they are getting the short end of the stick.

If we so often come up incredibly shallow, then we can't blame customers for lack of respect. Over relying on systems is about us, not customers. It is about how WE treat customers, it is about how WE protect ourselves... What is there for Principals?

Jul 04, 2013 02:43 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Bill - you are just proving the point that Credit Check report does not mean much. Bad credit does not necessarily mean bad people.

Jul 04, 2013 04:20 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

I think you made perfect sense.  If you have the cash, then the credit is not relevant.  Now, a background check may be a different issue.  Though not checking into a particular tenant for a landlord, I have googled a couple of prospective buyers recently, and one was arrested for 2 murders, 1 had a restraining order not to go near the wife (and I was to meet both at a listing appointment) and another had violated parole by carrying a weapon...

Jul 04, 2013 11:54 AM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Joan - I agree with you regarding background check. Cash resolves the financial issue, and background check would help to determine the rest. But not the credit check, as it is only supposed to indicate that the tenant will be paying rent, and he has already paid.

On the surface seems logical.

And the example you use perfectly illustrates it. Thank you

Jul 04, 2013 01:32 PM
Frank Nolan
Nolan Realty Team / Pacific home Brokers - Palos Verdes Peninsula, CA
Jump and the net will appear

I'm guessing that quite a few here have never owned a rental property. It sounds like in FL landlords have it pretty easy. Not so in a lot of other states. It can and does take up to 6 months, or more, to evict for non payment of rent. In CA if the tenant contests the eviction, that 12 months of cash paid up front could easily be eaten up in the next 12 months with the tenant living rent free if they decide not to pay. 

So Jon while you may think it is none of the landlords business to see a credit report just because the tenant has a lot of cash, you are mistaken. It is the landlords business as it is their property and they have every right to request a credit report and deny tenancy if they are not provided with one.

Now this particular landlord should have requested the report during the application process, not after a years rent was paid and an agreement to lease was made. 

As for your comparisons of someone buying a house with cash, and the seller asking they get prequalified with BofA for a mortgage.... well the two are totally different and if you can't see that, then perhaps it's not appropriate for you as an ambassador to be calling other agents, who disagree with your POV, morons.

If it was the landlords agent that advised the landlord to ask for a credit report, then it would appear they were looking out for their clients best interests, which after all, is what we are supposed to do as realtors. How moronic is that?

 

Jul 04, 2013 04:34 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

Frank - in Florida as it pertains to rentals laws are favorouble for Landlords, I read about it. 6 to 12 months waiting for eviction is not something we deal with here, if we follow the appropriate steps.

As for agents looking out for their client's best interest, I donot necessarily agree with the assumption that Credit Report is a protector from all these things happening, not even a really good indicator.

You may have perfect tenants and perfect report, and then they lose a job, get sick, divorce... and you have a problem. having money for one year is more safety than a credit report and PROMISE to pay for one year.

Basically, no matter how we look at it, cash in hand is better than promise to pay. None is a guarantee of what would happen in a year, when the term is over, but before the term is over, one promises money, the other one gives the money.

Of course, this is the opinion and you are welcome to disagree.

Jul 05, 2013 04:55 AM