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Can You Take a Tenant to Court for Damages?

Affordable housing exists to provide a stable and secure home for individuals and families who may not have perfect financial records but still deserve a chance to live in a decent environment. As a property manager or landlord in the affordable housing sector, one of the most challenging decisions you will face is whether to rent to tenants with low credit scores. 

While a low credit score can be a red flag, it shouldn’t be the sole determining factor in a tenant’s eligibility. The decision requires a balanced assessment of legal considerations, financial risk, and the tenant’s overall situation. By evaluating all relevant factors, you can make an informed choice that benefits both your business and the tenants in need.

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Understanding Legal Considerations

Before making any decisions based on credit scores, it’s essential to understand the legal landscape. Denying a rental application solely based on credit score could violate fair housing laws, depending on your state or federal guidelines. The Fair Housing Act prohibits discrimination against tenants based on race, religion, national origin, disability, familial status, or sex. However, some local laws also regulate how landlords can use credit scores in tenant selection.

For example, cities like New York and California have regulations limiting how much a landlord can weigh credit scores when making rental decisions. To avoid legal trouble, always ensure your rental policies align with fair housing laws and apply consistent criteria to all applicants. It’s also wise to clearly communicate your rental requirements upfront to avoid misunderstandings.

Evaluating Risk: More Than Just a Credit Score

As a landlord, renting out properties is a business decision, and every business involves some level of risk. The key question is: how much risk are you willing to take?

If a prospective tenant has a low credit score, consider other factors before rejecting them outright. Ask yourself:

  • Stable Income: Can they provide proof of steady employment with sufficient income to cover rent?
  • Rent Payment History: Have they consistently paid rent on time in the past, even if their credit score is low?
  • Reason for Low Credit Score: Did their financial struggles result from unavoidable circumstances, such as medical bills or temporary job loss, or do they have a pattern of financial irresponsibility?
  • References from Previous Landlords: Can past landlords vouch for their reliability and timely rent payments?

A tenant with a low credit score but a stable income and a strong history of on-time rent payments may be a lower risk than someone with a high credit score but an unstable job history.

Evaluating Tenant History and Current Financial Status

Past rent payment history is often a more reliable indicator of future behavior than a credit score. If a tenant with poor credit has a solid history of paying rent on time, they might still be a safe choice. A credit score is just one piece of a tenant’s financial puzzle. Instead of making a snap decision, analyze why their score is low. Consider these scenarios:

  • A tenant who defaulted on a loan due to unexpected medical expenses but has never missed rent.
  • A recent college graduate with a low credit score but a steady job and strong future earning potential.
  • A tenant who has always paid rent on time but carries high credit card debt from past financial struggles.

A deeper look into their financial situation may reveal that they are more responsible than their credit score suggests. Checking their debt-to-income ratio can also help determine whether they can afford the rent comfortably. Additionally, requesting pay stubs, tax returns, or bank statements can provide a clearer picture of their financial health.

Strengthening Lease Terms to Reduce Risk

If you decide to rent to a tenant with a low credit score, you can protect yourself by implementing stronger lease terms, such as:

  • Higher Security Deposit: This ensures you have a financial cushion if they miss payments.
  • Guarantor or Co-Signer: A financially stable guarantor can cover rent if the tenant defaults.
  • Shorter Lease Terms: Instead of a year-long lease, consider a six-month lease to assess their reliability before committing to a longer term.
  • Strict Late Fee Policies: Enforce late fees to discourage missed payments.
  • Income-Based Rent Requirements: Ensure they make at least three times the rent amount to avoid affordability issues.

For example, if a tenant with a low credit score agrees to a two-month security deposit and provides a guarantor, your risk is significantly reduced. Additionally, requiring tenants to set up automatic payments can ensure rent is paid on time.

When Should You Say No?

Despite all precautions, there are cases where it may not be wise to rent to a tenant with a low credit score. Red flags include:

  • No proof of stable income or irregular job history.
  • Multiple past evictions for non-payment of rent.
  • A pattern of financial irresponsibility without a reasonable explanation.
  • Unwillingness to provide references or additional security measures.

If a tenant exhibits multiple risk factors and refuses to meet reasonable conditions, renting to them could lead to financial loss, eviction proceedings, and long vacancy periods. In such cases, it may be best to decline their application to protect your investment.

If you found this blog helpful and informative, we’d love to hear your thoughts, leave a comment below!

To deepen your knowledge and enhance your skills in fair housing and property management, check out our Fair Housing Webinar page. There, you’ll find hundreds of expert-led webinars covering essential topics like tenant rights, landlord responsibilities, and key state and federal laws. Attending these sessions will equip you with the knowledge you need to excel in your role.

Conclusion

Renting to tenants with low credit scores is not a straightforward decision. Instead of automatically rejecting such applicants, assess their full financial picture, rental history, and current stability. Strengthen your lease agreements to mitigate risks, and always ensure compliance with local laws. Ultimately, the right choice depends on your risk tolerance and ability to balance business needs with providing fair and responsible housing options. By taking a strategic approach, you can find responsible tenants while protecting your investment.

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