According to MarylandMatters.org, landlords in Maryland filed over 400,000 eviction cases for failure to pay rent during the 2023 fiscal year alone.
While evictions typically involve tenants failing to pay rent on time, this is not the only grounds for eviction. Landlords may also evict tenants who break the lease terms or, worse, commit a crime or conduct criminal activities in the rental property.
Unless you perform a thorough tenant criminal background check on all your Baltimore rental applicants, you could be in a similar situation.
To prevent that from happening, follow the criminal background check tips and steps our team at PMI BMore Metro has shared in this guide.
Mind the Timeline for a Tenant Criminal Background Check
Maryland's Fair Chance in Housing Act allows landlords to look into prospective tenants' criminal histories within the past three years. So, you may only consider any criminal conviction within this timeframe when deciding whether or not to rent out to a tenant. You cannot automatically reject an applicant to your Baltimore rental property based on criminal activities that occurred over three years ago.
Obtain Permission From Each Applicant
You have the right to perform a criminal background check on prospective Baltimore tenants, but under the federal Fair Credit Reporting Act (FCRA), you must obtain their consent first. You can request permission by including an authorization letter or consent form in the application form.
To be legally compliant, the background check form must:
- Have the rental applicant's complete name, birth date, most recent address, and signature
- Clearly state the consent form is asking for the applicant's permission regarding the criminal background check
- Include information about the rental applicant's tenant screening rights
Also, please note that you must perform the following processes for your entire tenant screening process to be effective and comprehensive:
- Credit checks
- Employment and income source verification
- Rental background checks (i.e., previous landlord calls)
- Eviction background checks
To ensure compliance with Maryland's tenant screening laws, clearly explain and state all checks you'll perform in the consent form. Applicants must also permit you before you can conduct these other screening steps.
Partner With PMI BMore Metro
PMI Bmore Metro is a full-service rental management firm. As your dedicated property manager, we'll handle the entire Baltimore tenant screening process.
Rest assured that our rental application screening and tenant verification process is legally compliant. We use a fair and uniform system to screen applicants in compliance with federal, state, and local fair housing laws.
Stay Compliant When Screening Tenants
Remember: You can only perform a tenant criminal background check once you've obtained the consent of rental applicants. You must also follow fair housing guidelines when conducting this step. Otherwise, you could face legal consequences.
Don't let that happen by partnering with PMI BMore Metro, which provides full-service solutions for property management Baltimore landlords like you can rely on. We can help you stay compliant while minimizing your risks of renting out to high-risk tenants. Our owner, Terance Barkus, is an experienced Maryland and California property owner/manager and brings over 20 years of technical industry expertise to the company.
Get your free consultation today and discover how we can help your Baltimore rental business!
