What Should a Landlord Do if They Cannot Verify a Tenant's Right to Rent?

Federal law requires landlords to inform tenants if their lease application is denied due to information in a tenant selection report. If the landlord requires payment of security deposits, damage insurance premiums, and renter's insurance premiums, the total amount should not exceed two months' periodic rent. The landlord may also request a search warrant from a magistrate if the tenant does not allow legal access. If the tenant refuses to allow access, the landlord can obtain injunctive relief or terminate the rental agreement.

If the tenant completely leaves the property, the landlord has the right to enter after following appropriate procedures. The court may also offer any other remedy or measure necessary to protect the interests of the parties or other tenants residing on the premises. The landlord, manager, or operator of the residential building may charge tenants for additional services such as monthly billing fees, account creation fees, or account moving fees. However, these charges must be agreed upon in the rental agreement. If a tenant fails to notify the landlord of an extended absence of more than seven days, the landlord can recover actual damages from them.

If the applicant does not rent the unit for which they applied, the landlord must reimburse them within 20 days for any amounts exceeding their actual expenses and damages. An order issued by the court may require the landlord to allow the tenant to regain possession of their housing unit, resume any interrupted essential services, or correct any deliberate action taken by them to make the premises unsafe. It is also explicit enough in its prohibition, direction or limitation of the tenant's conduct to fairly inform them of what they must do or are prohibited from doing to comply. The provisions of this subsection should not be interpreted to prevent landlords from increasing rent for similar units in the market or decreasing services that apply equally to all tenants. If a deposit was made in cash, certified check, cashier's check or money order, reimbursement should be made within 10 days if the lack of rent is due to rejection of the request.