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Turn About is Fair Play (aka Credit Check for Landlords)

By
Real Estate Agent with Rose and Womble Realty Company

There has been so much focus lately on the housing/mortgage crisis.  And we all know about the various "bale outs" and government assistance for the mortgage companies and for the delinquent homeowners as well.  But there seems to be one segment that has received little attention and even less assistance....  Tenants.Puppy in vehicle loaded for moving

One of the aspects of my job that I hate the most, yet find very rewarding, is relocating tenants who are being evicted because their landlords have not been making the mortgage payments.  I hate the job because I am the bearer of bad news.  So many of them are caught completely off guard. Here they are making their rent payments in a timely manner and the landlord is pocketing it and allowing the property to go into foreclosure.  Then I come along to tell them the home has been foreclosed on and that they will have to vacate the premises.  Some of them suspected something was wrong, but most of them are caught off guard.  And they are so devastated. And with such sort notice, finding a new home is not always easy to do.  That's the part of my job that is rewarding... helping these people find a new place live. 

 

Renters are required to fill out an application form providing all sorts of details and undergo a credit check.  But what protection do they have from landlords who have less than stellar credit?  How about credit checks on landlords?  If I'm renting your house, what guarantee will I have that you are not a deadbeat landlord?  How will I know that you are not in arrears on your mortgage payments and that I will be evicted just a couple of months after moving in? 

In this litigious world we live in, yes the tenants could sue the landlord for return of security deposits, damages, pain and suffering, etc.  But at what expense to themselves?  And how long would that take?

Would landlords be willing to provide their credit reports as part of a lease agreement?  Or even just a statement from their lender confirming that the payments on a particular property are current? 

What can tenants do to protect themselves?

Posted by

Anita S. Crum

Associate Broker

Rose and Womble Realty Company

Justin Ukaoma
Vizion KC - Kansas City, MO
Kansas City Real Estate Investments

I just wrote a post about this last week.  I think asking for proof from the landlords lender wouldn't be a bad thing to do.  As a landlord I would definitely be surprised if a tenants wanted to get in contact with my lender but at the same time I would probably embrace the situation.  After all if they were persistent enough to get in contact with my lender they most likely will pay rent on time.

Dec 12, 2008 02:24 PM
Jim & Maria Hart
Brand Name Real Estate - Charleston, SC
Charleston, SC Real Estate

Hey, Anita. I think that is a great idea. I would welcome my tenants to check out my history, by all means as a Realtor I have nothing to hide. All my best, Jim

Dec 12, 2008 02:53 PM
Jim & Maria Hart
Brand Name Real Estate - Charleston, SC
Charleston, SC Real Estate

Hey, Anita. I think that is a great idea. I would welcome my tenants to check out my history, by all means as a Realtor I have nothing to hide. All my best, Jim

Dec 12, 2008 02:53 PM
Pat Tasker
Shorewest Realtors - Germantown, WI
Your Milwaukee Metro Area Agent (WI)

There was a long post about this recently with tons of comments....yes, tenants have to worry about the chance that the property they are in, COULD go into foreclosure....what if tenants got a short search done on title to be aware of any pending actions?

Dec 12, 2008 03:07 PM
Mara Hawks
First Realty Auburn - Auburn, AL
Inactive-2012 REALTOR - Homes for Sale Auburn Real Estate, AL

I'm working on a rental now, and have been wondering about this. thanks for the post!

Dec 12, 2008 03:58 PM
Anita S. Crum
Rose and Womble Realty Company - Newport News, VA
Hampton Roads Real Estate (757) 692-6438

Justin - I agree that if they are willing to go through all that effort, then it's more likely that they will be diligent in making their rent payments.

Jim - Thanks.  And to think people think Realtors are always trying to hide something. :)

Pat - I must have missed that post.  I took a short sabbatical from rain recently.  If they are just late on their payments, and not yet in foreclosure, would that show up on a title search?

Mara - Thanks.  Good luck with the rental you're working on.  I wonder, do property managers check out their clients before accepting the properties?

Dec 14, 2008 01:48 PM
Charles Stallions
Charles Stallions Real Estate Services - Pensacola, FL
850-476-4494 - Pensacola, Pace or Gulf Breeze, Fl.

There isn't a snowball chance..... well you know of getting a landlord to do this. It has always been in our contracts to contact mortgage company and have them to let us know if the landlord gets behind.

Dec 14, 2008 01:57 PM
Anita S. Crum
Rose and Womble Realty Company - Newport News, VA
Hampton Roads Real Estate (757) 692-6438

Charles - a girl can dream right?  :) 

Dec 14, 2008 02:14 PM