Rental Application : ezLandlordForms

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Gwendolyn &

started a topic almost 15 years ago

Can I ask a tenant to complete a new rental application yearly, to verify that income, employment, etc. has not changed during the year? Also, if they refuse to complete the application, can I evict? Thanks,

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Stan M

said almost 15 years ago

Hi Gwendolyn, I don't know of any law that prohibits you from requesting an update on tenant’s status by having them fill out another application. However, don’t be surprised if tenant shows signs of irritation. Just let them know that you’re just updating your records. You could also run another credit check, but the cost (my personal opinion) should be LL’s expense. Consider having the update done 1-2 months prior to the expiration of the lease agreement. This will give you a chance to send them a Termination of Tenancy. In CA, you must give a 60 Days Notice if tenant rented from you more than 12 months.

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Gwendolyn &

said almost 15 years ago

Thanks, Stan

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Denise S

said almost 15 years ago

I believe that in most states, you may ask a tenant to update their information. However, unless this is spelled out in a lease, you cannot evict for it. Some states, like Conn, I believe do not permit the Landlord to force a tenant to update employment info.

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Kathy J

said almost 10 years ago

If they choose not to enter a rental agreement with you, send them notice to end the tenancy. Usually that is 30 day. Since they have no lease, once their tenancy expires, you can go to court to evict them as holdover tenants.

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Leah H

said almost 10 years ago

Thank you very MUCH!!!! I am learning as I go!!!

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Alexis C

said almost 10 years ago

Yes, You can take action against your renter.

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Alex Y

said almost 10 years ago

Yup - Leah has it right. Note that in some states, if you are in a 'verbal' M2M contract, the notice doesn't always have to be 30 days. In Colorado for example, the default required notice in this situation would be 10 days.

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JoAnne T

said over 7 years ago

My rental house in Virginia. One of the two tenants just terminated her lease agreement after 6 months. The tenant remaining has changed employment since the last application. Can I ask him to fill out a new application since he has new employment with a different company? Thanks!

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Stan M

said over 7 years ago

Hi JoAnne....That would depend on what your Lease states. If it states that both parties are equally responsible and only one tenant remains and continues to pay the rent on time I don't feel its necessary to have that tenant reapply. What I would consider is having a discussion with remaining tenant to find out if he/she plans on staying and if so does tenant plan on finding another tenant to replace tenant moving. New tenant should be put thru the accept/reject process before moving in. Don't let new tenant move in before they are approved. If a new tenant is approved, create an Addendum to your Lease stating so and have all parties sign/date. On another note, there's the security deposit. If remaining tenant plans on living alone and you have to return some deposit back to tenant leaving, remaining tenant should make up the difference. You should also do a walk thru inspection to determine any damages caused by moving tenant.

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JoAnne T

said over 7 years ago

Hi Stan, Thanks for the advice. This helps a lot. Unfortunately, these tenants are both impossible to talk to. And impossible to deal with. This should be fun. Thanks!

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Stan M

said over 7 years ago

JoAnne.....If they're difficult and remaining tenant is not paying on time, consider having tenant served with a 3-days' notice immediately. I always have lawyer prepare notice and serve it. In bay area it cost about $125. Keep me posted.