Search a city for apartments:        
Q & A with Phil  

archived column
#1, January 2000
 
· Overcoming a shaky credit history
· Adding pets to your lease
Rental advisor home
Ask Phil a question
More resources
Disclaimer
 
Overcoming a shaky credit history
Q: I only have one concern while conducting my apartment search. I have just gone through a complicated divorce and also selling a home approximately one year ago. Due to the divorce, my credit history is not great. My fear is that with this history I will not be able to rent from any landlord that runs a credit report. Is there any way around this or is this always the case?

Kimberley V.

A: How "not great" is your credit history? A little smudge, like a late payment on your credit card, is easily explained and will likely be forgiven. If your credit history is the equivalent of the Exxon Valdez disaster, then you're in for a bigger challenge. But take solace in the fact that credit reports are only one tool that a property owner or manager can use to evaluate you. Do you have a good job? Have you rented before? These factors will definitely weigh in your favor.

Many - but not all - property owners or managers refer to credit reports run by the three major bureaus: Experian, Equifax and Trans Union. Obtain a credit report from a reliable agency prior to your search. You want to know your own credit history and see it before your prospective owner or manager does.

Examine the report. Does it draw from all three credit agencies? You'll want one that does so you'll get the most complete information available. Does it contain your rental history? Typically, property owners and managers will desire this information. Is the report accurate? If not, you'll want to get the information corrected.

Remember that credit report companies are only human, and can make occasional mistakes. If your report contains an error, make every effort to promptly correct it. Unless you are experienced at reading these reports, you may need some assistance in understanding and correcting your report. I'd recommend that you pick up Nolo Press's excellent book, Credit Repair by Robin Leonard.
If your credit is still "not great," there are some additional techniques you can use to impress your future property owner or manager:

* First, appear professional and responsible during your search. Try not to imitate Adam Sandler. Dress and act as if you're on a job interview. These qualities may impress the property owner or manager that you're someone who will be a model resident.

* If you've gone through a divorce, temporary unemployment, illness, or bankruptcy, prepare so you'll be able to explain what happened to cause credit impairment, and why your credit history will not affect your ability to be a model tenant. Be prepared to talk openly about your current situation. Show the prospective property owner or manager there is no current risk of additional financial problems.

* Give the property owner or manager concrete evidence that you'll be able to meet your rent obligations without difficulty. Get a letter from your current employer showing you have the financial means to pay rent and meet your other obligations. Offer to pay the first two or three months' rent in advance, if possible. Obtain bank records showing adequate balances to cover several months' rent. The property owner or manager may desire that someone with a good credit history become a co-signer on your lease. (Do you happen to know Bill Gates?)

Lastly, a credit repair service may be able to assist you in cleaning up bad credit. While some of these services have come under media scrutiny for using improper tactics, many are reputable and can assist in correcting an erroneous credit report, and repairing bad credit.

While there is no substitute for having great credit, as you can see, there are several things you can do to improve your odds of renting a great place - no matter what condition your credit is in.

For credit reports, see our convenient online services here. Good luck in finding your perfect place!

 
 
Adding pets to your lease
Q: I moved into an apartment which is supposed to be wheelchair accessible. The front entrance has 24 stairs, and the back entrance has a very steep dirt hill. I can't get out of my apartment. What can I do legally?

Puyallup, WA

A: Most questions are like puzzles with a few pieces missing. In this case, I'm wondering - why didn't you check the place out for adequate wheelchair accessibility prior to taking occupancy and signing a lease? Did it merely "look" accessible? Have the conditions changed after you first took occupancy?

Assuming they have not, I have more questions, an explanation, an answer and some suggestions.

First, what were you told about the place, and who told it to you? Did the landlord say "This apartment building is wheelchair accessible"? Did he/she say that the unit was accessible? Did you state that you needed a wheelchair accessible unit? Did you make any provisions for this in the lease? Are you wheelchair-bound full-time, and/or is the condition temporary?

Let me break the bad news that you probably already know - the widespread protections of the Americans with Disabilities Act do not apply to residential rental units. While there may be local or state laws or local or state building codes that may require a number of units be made available for the disabled, this would likely not help you, as you are in a place and these laws generally regulate new construction.

So my answer to you is thus: if the landlord materially misrepresented the accessibility of the building, you could ask a court to have the lease set aside. Unless the court finds that you were not mislead because you either had actual or constructive (which means you drove by and saw the steps and the hill prior to renting) knowledge of the conditions.

My suggestions: it seems that the whole building is unacceptable due to your condition. If you explain your dilemma to him/her, he/she should allow you to break your lease. If not, then it would be a good time to talk to an attorney (or housing advocate for the disabled in your area) and explain your situation. It very well could be that the building was supposed to be accessible and is not to code; they would know better than I. (Your local city planning department likely has this information at their fingertips - call 'em!)

And be sure to check places out for habitability in the future.
 
 
 
Disclaimer
Information provided should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation. The RENTNETR and Homestore.comTM family make no representation as to the accuracy or completeness of the statements made herein. Please see our Terms of Use for more information.