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Giving out personal information during the application process
Q: What documentation do I need to rent an apartment? What identification is required?
California
Q: I have been looking at a lot of apartments. Some of them ask for a copy of my driver's license and social security card. I would like to know if that is legal and why they would need a copy?
California
Q: I have just found an apartment. But, the management wants a bank statement before they can do a credit check. The rental application already requests all my personal information. I have impeccable credit. I've had several apartments, but I've never had anyone ask me for a bank statement. It seems so invasive. Is this legal?
California
A: When you apply to rent an apartment, two competing concerns arise. As the tenant, you want to keep your own personal information as private as possible. The landlord, however, wants to find out whether you will be a good tenant. And, with the increasing amount of identity fraud, the landlord wants to make sure you are who you say you are.
I don't know of anything that makes asking for a driver's license or identification card and social security card illegal. Most landlords run a credit check so they'll need your social security number for that reason. If the landlord asks to see your social security card to verify the number, I think that's a measure that helps prevent identity fraud. Your driver's license or id card will help the landlord match the face with the name on the social security card.
In addition, on your rental application, the landlord will ask for the name of your employer and monthly income. If you're self-employed, the landlord might ask to see some verification of the amount of your income, such as your tax returns.
The landlord will also ask for your most recent landlords. You can be sure the landlord will call at least one of them to see what kind of a tenant you've been in the past.
On the other hand, however, I think asking for a bank statement is a little much. It's not illegal, but it certainly is invasive. As long as your stated income is high enough to afford the rent plus living expenses, they shouldn't concern themselves with your bank account balance.
If you encounter this situation again, tell them that they're free to run a credit check and verify your income with your employer. But, politely decline to show them your bank statements. If you look like a good tenant otherwise, they'll probably back down. If the credit report and employment verification isn't sufficient, look for an apartment somewhere else. They've just lost a good tenant.
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Moving out early
Q: We're moving from an apartment where we've spent 4 years to a condo we purchased. Our closing date, unfortunately, is one month prior to the expiration of our lease, which means a month of extra rent. Luckily, a close friend of mine needs a place to stay for a few weeks (he's having work done on his new condo). We thought we'd leave a bed in one of our bedrooms, he could stay during the extra month, and everything would be fine.
Our landlord, however, has insisted "no stranger is living on my property for 30 days." We're fairly sure that our landlord just wants our place empty for the extra month so he can make improvements while we pay the rent. So, we're pretty annoyed.
What right would our landlord have to, say, put in a new kitchen while we're out and still paying the rent?
Illinois
A: As long as you have your lease in effect, you're right that you still have the right to occupy the apartment. Your landlord doesn't. He still has to give 24 hours notice to enter just as if you were there.
So, he can't just come in and take over the place as if your lease had ended. He could, of course, voluntarily let you out of the last month of your lease. Perhaps you could negotiate some compromise like this with him.
But, most leases contain a provision prohibiting the subleasing of your apartment without consent. The landlord has the right to see whether the potential new tenant will take good care of the property. In many states, however, the landlord cannot unreasonably withhold consent to a sublease.
If he doesn't have a problem with your particular tenant, he should permit the sublease. On the short term you're talking about, there's not much risk. However, you should have your chosen tenant fill out a rental application and allow the landlord to run a credit check. Perhaps then the landlord will permit the sublease. After all, once the landlord gets to know him, he won't be a stranger.
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg 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.
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