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Posted by
Frances Smith

Should a Tenant be denied a Rental for not wanting to pay electronically or sign up for Smart Move et al?

I have an older Tenant Client(72) (who has been my Tenant for 12 years) who is moving because I am selling my property. In helping her find a new place to live in the same condo property, a listing agent has refused to run the credit because my client will not complete app on Smart Move and said "this situation is not going to work for my client". What is your thought and recommendation to handle the situation? Isn't this discriminatory and mostly age discrimination since many seniors do not use electronic payment measures. What shall I tell my client? What to do? We are not a cashless society are we yet? Unfair to my Older Tenant Applicant.

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Should a Tenant be denied a Rental for not wanting to pay electronically or sign up for Smart Move et al?

By Frances Smith   
Posted on May 16, 2022 in Topic: General
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I have an older Tenant Client(72) (who has been my Tenant for 12 years) who is moving because I am selling my property. In helping her find a new place to live in the same condo property, a listing agent has refused to run the credit because my client will not complete app on Smart Move and said "this situation is not going to work for my client". What is your thought and recommendation to handle the situation? Isn't this discriminatory and mostly age discrimination since many seniors do not use electronic payment measures. What shall I tell my client? What to do? We are not a cashless society are we yet? Unfair to my Older Tenant Applicant.
Status: Closed
Viewed: 694
Asked by: REALTORS®
Posted: 1 month ago
Topic: General
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Bronze
Linda Schmitz
about 1 month ago
#1 AWARDED - BEST ANSWER
No Especially seniors who don't even have a computer or know how to use one.

about 1 month ago
Silver
CHUKWUELOKA UZODIKE
about 1 month ago
A landlord / property manager has the right to specify the forms of payment by which rent is received on their property. To the extent that third party tenant screening software are used for background and credit checks of prospective lease applicants, any applicant who declines to sign up to authorize the checks will in most cases be excluding themselves from consideration for the lease. Note that most agents cannot run a prospective tenants credit by themselves and therefore depend on remote / online third party services who require the applicant to authorize the check prior to the reports being provided.


about 1 month ago
Gold
Penny Clissold
about 1 month ago
YES and in this market it’s important. Landlords don’t want to go to the bank every day. They want it automatically put in every month.


about 1 month ago
Bronze
Al Rivera
about 1 month ago
Not accepting an electronic payment is not discrimination but not a reason to deny a tenant a lease. I have a few prospects/clients that don't like technology: my mom still uses a flip phone. If your tenant is willing to pay by check, the seller/landlord may have an app with their financial institution to electronically scan and deposit the check (my credit union offers this at no charge). In regards to the credit check, your former tenant just needs to provide basic info and/or sign the authorizing form for the seller/landlord to run the credit check. SmartMove is an easy app to use. If needed, perhaps you can assist your tenant/client with the credit check process if you have a computer/tablet to let them borrow. Good luck and let us know how this turns out.


about 1 month ago
Bronze
Angela Breaux
about 1 month ago
Yes, if it's part of the landlord rental critera. See section (Section 92.3515[a]) of the Texas Property Code.


Source:


https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm


about 1 month ago
Silver
Diane Peters
about 1 month ago
The Landlord can really do what they want but maybe the tenant need to come to an agreement with the landlord.


about 1 month ago
Bronze
Gabriela DeLaTorre
about 1 month ago
Great question and answers. I just want to add to never assume and ask many questions and most likely you will find a common ground that works for both parties. If mysmartmove does not work for either party I have used go4rent which has been a great tool too.


about 1 month ago
Platinum
Yvonne Chauvin
about 1 month ago
If your client will not complete a smart move application, then landlord has no way of obtaining her background and credit. Everything is done electronically now and tenant's refusal to do so is not an excuse. Your tenant will not find a landlord that still accepts paper checks and does not run electronic background check. Age is unfortunately not an excuse.


about 1 month ago
Gold
Tracie Benton
about 1 month ago
The landlord is able to decide what forms of payment they will accept. We aren't cashless yet, but it looks as though it might be moving in that direction.


about 1 month ago
Diamond
Joe Applewhite
about 1 month ago
MySmartMove is how many do their background, credit, bankruptcy, eviction, criminal checks. If a potential tenant refuses to do that, it can seem pretty suspicious. I wouldn't accept a tenant without it either.


about 1 month ago
Platinum
Mark McNitt
about 1 month ago
I would think its within the Landlord/Property Managers right to run their business their way. If they do it the same for EVERYONE then its not discrimination. Now with older clients or someone just not familiar with the technology, it would be helpful if they had a friend/family member to assist them with the process. Also discussing with the future Landlord/Property Manager the difficulties your client is experiencing using technology, they might provide an alternative method.
Many rental companies barely have anyone to speak with and sometimes own every home available in an area. If your client is not happy with what they are experiencing in "customer service" in regards to applying, I would suggest looking for another home to lease. It goes both ways and your tenant holds the dollars! They will find a nice home and a landlord that is happy to see them!

Mark McNitt
832-567-4357
MarkKnowsHouston.com
Bernstein Realty


about 1 month ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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