Smart Landlords screen Tenants — and speaking with a Tenant's former Landlord is one of the best screening tools available. But if you're on the other end of that call, think carefully before sharing your thoughts.

If someone asks about a former Tenant, you are not required to respond. Any suggestion that there's an "unwritten rule" that Landlords should help each other by discussing Tenants is nonsense — and potentially illegal under fair housing laws if done inconsistently.

Both Landlords and Tenants can sue you for comments you make about a former Tenant — even if the comments are true. There is almost no upside to being a reference. The law doesn't require it. And you're giving someone a reason to sue.

If you want to respond, follow these guidelines:

I feel bad and want to help. What should I say?

Try this: "I'm sorry, we do not disclose information about former Tenants. Have a great day!"

Do I need written permission from the Tenant before speaking?

Yes. Get written consent — signed by the Tenant — before disclosing anything. This protects you from defamation claims and ensures you're not inadvertently violating fair housing laws by treating different Tenants differently.

Can I be sued for a negative reference even if it's true?

Yes. Truth is a defense to defamation, but litigation is expensive regardless of the outcome. Silence is free.

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