Let’s start by agreeing the legal burdens put upon a property owner renting out their property as housing space must never be forgotten and always included in any conversation regarding the rental housing market. Let’s also agree the legal burden is on the landlord to provide the prospective tenant some level of proof of compliance with all local, county, state and federal laws, such as through a building inspection report.
With that said, housing inspections are a crucial component of the legal contract between property owners and renters. Value and precedent has been clearly establish whenever a property is being sold. Part of the process is an inspection at one or more points on the timeline before the property is legally allowed to be transferred.
Therefore, it stands to reason the same value exists whenever a property owner wants to rent out a property, irrelevant of commercial, residential or other.
So when a residential property owner skips over a legally required inspection process and heads straight to the lease and subsequent tenancy, the property owner derails their activities towards fraud and theft rather than rightful contracting of space. For example, the severity of the charges against someone posing as a landlord in Illinois grows by 1 Class, depending on the amount of money stolen.
So whether it is a fly-by-night theft conducted via Internet or someone operating the property out in the open, but without any valid Occupancy Certificate in place, a landlord has to ask themselves…is it really worth potentially being charged with theft of every rent payment and even the security deposit if they skip over the investigation process…
or is it worth paying the fee for the inspection for all parties involved so that the renter and the landlord know someone else knows the condition of the premises prior to leasing, thus providing a layer of evidence for all parties to access should the need for court action arise.
Renters Welcome Simple Suggestion #1 For Landlords: All property owners should bring a copy of the building inspection report issued by their local municipal unit at the time of showing the property, or upon request prior to the showing. Turn it’s existence into a natural part of your sales pitch as to why anyone should trust you as a landlord, especially if you use the Internet to market your available property.
Renters Welcome Simple Suggestion #1 For Tenants: No one knows everything about anything and this goes for property owners. Yes, you should ask for a copy of the inspection report at the beginning of the process, but do not necessarily pre-judge if they cannot produce it upon your request. Landlords don’t carry that kind of paperwork in their pockets, so give them a chance.
Renters Welcome Simple Suggestion #1 For Municipalities: Make renters a centerpiece of your community by ensuring ample information is on your website written with renters as your audience, such as how they can verify a building inspection report they were given. Attempts to defraud will always be present and Government cannot make this system so great of an economic loss to the parties looking to pursue entering into a legally-binding contract. Also show them a clear path to reporting various issues to the municipal unit, including any attempts by someone to rent a property that is not certified for occupancy.
In other words, renters should be performing their own background checks of the person(s) offering a rental unit and a building inspection report is part of that background check. No legit landlord will actively and intentionally avoid government involvement at any level, as there is a difference between Right To Privacy for the landlord and the Right To Not Be Defrauded by a property owner.
#HelpPreventLandlordFraud #LandlordBackgroundChecks #RightToNotBeDefrauded