Legal Question in Real Estate Law in California

Tenant References: How do I answer questions...

I have a tenant that vacates my the Condo I own in a week. My tenant is leaving because of multiple HOA rule violations. The HOA is forcing me to get her out or they will do it themselves and pass me the buck. My tenant has always paid the rent on time.

She just found a new apt to move into and I am sure the new manager will be contacting me as a reference. I am afraid the manager will ask questions that will paint my tenant in a bad light if I answer honestly. I really need my tenant out of there and I don't want to lie. I heard the new owner/manager can come back at me (sue me) for lieing about my tenant being a good one.

I need some guidlines on how to stay neutral and objective while giving her a good recommendation.


Asked on 9/10/08, 11:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Tenant References: How do I answer questions...

My general advise to landlords is to explain that you have a policy, as a landlord, of only providing the following information: confirm the date they moved in, the date they vacated (or intend to vacate), the amount of rent they paid and if the rent was paid on time or not. Tell them that based upon your experience, you chose not to provide any additional information to prospective landlords, and that your policy of not providing any more information does not reflect either positively nor negatively upon your tenant, its just designed to protect you from any potential liability. Most experienced landlords understand this sort of policy, and don't infer any positive or negatives to the information you provided. Some may automatically infer "problem" when you do this, but that's not your fault, nor is it your problem. Any information that is even remotely subjective (was she a good tenant, follow the rules, etc...) is potentially going to get you in trouble with either the tenant (causes her not to get an apartment) or the landlord (your assessment of the tenant wasn't accurate). If they pry for more info, you can explain exactly that to them - that your experience as a landlord has taught you to provide only 100% objectively verifiable information, and that's it. Very impportant that you not answer the question they will undoubtedly ask "would you rent to her again?"

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/11/08, 12:20 pm


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