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  1. #1
    Join Date
    Jun 2015
    Posts
    3

    Default Background Check

    My question involves landlord-tenant law in the State of: California

    Hello, I’ve been living in the same 2-bedroom apartment building for over 22 years with my mother. Since my mother passed away about a year ago, recently, a good friend of mine moved into the apartment. My friend travels a lot so he stays at the apartment for only about 1 month or so and he is away and out-of-state on business for around 3 months.

    Over the past year, that has been my friend’s living pattern: he stays at the apartment for 1 month and he is away for about 3 months. Since my friend is mostly out of state, and the lease is in my name and I pay the rent, the building manager initially only asked for a copy of my friend’s driver’s license. However, recently the manager has insisted that my friend fill out a rental application since there is a chance that my friend will continue to stay at the apartment for another year under the present arrangement (living at the place for about a month and staying away for about 3 months). My friend has filled out the rental application but it appears that as part of the application process, the company will do a credit check.

    Aside from requesting bank information and financial details, the application states that the management company requires a copy of my friend’s latest paycheck stub and/or a copy of his tax return. My friend has provided all the credit information required by the application as well as the $30 fee. However, since he owns his own business he is unable to provide a copy of his latest paycheck stub and he is unwilling to submit a copy of his tax return. My friend claims that since his name is not on the lease and he is not paying the rent, the company should not run a credit check on him.

    All they need to do, according to my friend, is a background check which they have done based on his driver’s license. Moreover, my friend says that in order to do a credit check on him, all the company needs is his social security number and his bank and financial information all of which he has listed on the application. My friend claims they do not need a copy of his tax return and he is refusing to provide a copy of his tax return since he claims that his accountant would have to provide the tax return and that can take 2 weeks, and he is leaving on another business trip in 2 days, and won’t be back for another 2 months. However, the manager told me that if my friend doesn’t provide a copy of his tax return, the manager will immediately take legal action to have him removed.

    I’m very worried that the situation is getting out of hand. Since my friend’s name is not on the lease and he is not paying the rent, and as he lives in the apartment for about 1 month and is away for about 2 months:

    (a) Is a background check all that needs to be done, or does the management company need to do a credit check on him?

    (b) Can the management company do a credit check based on his social security number and his bank and financial information listed on the rental application? Or does he also have to submit a copy of his tax return?

    Any help or advice would be deeply appreciated. Thank you!!!

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Is a Credit Check Required for a Part Time Roommate or is a Background Check Enou

    This isn't a legal question. Yes they can require anything they want for someone that is a potential tenant. Yes, they can arrange to have him removed. Yes you potentially can be asked to leave because you have someone living in your apartment who isn't on the lease (and I don't care what the excuse is, he's living there)

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