LEGAL CORNER B y S tephen C. D uringer , E sq .
Questions & Answers I have always heard that I should post my rental criteria in a conspicuous place so that applicants can plainly see whether or not they are qualified before they submit their application. I typically require that the applicants combined income exceed three times the rent, however I might make exceptions. Also, in years past, a foreclosure on an applicant’s credit report was an automatic disqualifier, but after attending your tenant screening class, I have reconsidered. With so many exceptions to my rental criteria, my sign would be huge! How do I handle this?
Yes, it is a good practice to post your rental criteria in a conspicuous place. The details and specifics of your rental criteria, however, do not need to be included, as these details and specifics are not necessarily static, that is, they may change or evolve over time depending on your situation. For example, your three times income requirement may work fine if you have a single vacancy and a dozen applicants, how-
ever it may be a bit too restrictive in the present economy, or in the event you have three vacancies, your phone has not rung in days, and you have only received a single application in the past two weeks. Every owner should establish the following as their general rental criteria. A qualified applicant should: i) have a verifiable and positive credit history; ii) have a verifiable and positive past tenancy history; iii) have sufficient and verifiable income to meet his or her present and future financial obligations; and iv) should not pose a risk of harm to the rental property or to others. These general rental criteria can and should be applied equally and fairly to all applicants, and in compliance with all fair housing rules. Once applied, the best applicant should be accepted, not necessarily the first to apply.
A landlord and tenant can agree, in writing by the rental agreement, to allocate responsibility for minor repairs between them. Often landlords and tenants may agree that certain items, amenities, will be the tenant’s responsibility to maintain. These may include refrigerators, washing machines, pools or spas, air conditioning, and minor plumbing issues.
What types of repairs can I require the tenant to take responsibility for?
The short answer is yes. There are several measures you can, and should, take to protect yourself. First and foremost, ensure that the pool and the gate/ enclosure conform to all state and local codes and ordinances. The gate should be self-latching and should be checked to ensure that it closes properly. Review your insurance policy with your insurance broker to ensure that your coverage is adequate; consider an umbrella policy as well. Your insurance broker can counsel you on coverage limits; consider $3,000,000 as a minimum. Finally, you should include as part of your rental
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I just put my single-family house on the rental market and have agreed to rent it to a nice family of four; mom, dad and two kids, two and five. The parents seem responsible enough and I’m sure they will make great tenants, but I am concerned because the house has a pool. Is there anything I can do to protect myself from liability should one of the children fall in and drown?
Legal Q&A — continued on page 18
