Data Privacy: What Landlords and Leasing Agents Should Know About Keeping Private Information

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Every time a tenant applies to you, he is not only trying to get your approval but also handing in vital and private information. Although the applicants willingly give out their data, landlords and agents must maintain privacy. Some issues may occur once there is a violation of the tenant’s privacy. Disclosing their personal information to uninvolved parties or using surveillance cameras are examples of a breach.

Personal data includes name, date of birth, financial records, Social Security number, photographs, and videos. In most countries, some laws exist to help regulate the handling and utilization of such information. For example, Canada has Personal Information Protection and Electronic Documents Act PIPEDA).

However, the United States does not have primary data protection legislation. There are several laws laid down to protect a person’s details. Some examples are the Driver’s Privacy Protection Act of 1994, the Children’s Online Privacy Protection Act, and the Health Information Portability and Accountability Act. The state of California has the California Consumer Privacy Act that strictly regulates the collection and usage of consumers’ information.

But whichever law applies, landlords and leasing agents should know how to protect their tenants’ privacies. Here are some tips on how to do that.

Before the Lease

Limit collection

The application form before renting will ask for pertinent data. Because of this, the tenants should know why the landlords and lease agents need the information and where they will use them. Landlords should not ask for details such as the Social Security number unless the situation requires it.

Provide data protection

Since landlords and agents possess private information, they must protect them from getting into the wrong hands. They would not want someone to experience identity theft because they were careless. There should be a locked file cabinet for the documents and passwords for digital files.

Beware of informal background checks

Once the tenant applies, lease agents should acquire consent to do a background check. They must also learn the guidelines on informal ways of screening, such as viewing social media pages without the tenant’s knowledge. As much as possible, they do not include online profiles as references.

Proper Disposal Plan

After the tenant’s lease, landlords may think about disposing of some files. They should plan for the disposal to avoid it turning up somewhere it’s not supposed to be. Some old files end up in disposable bins where anyone can acquire them.

During the Lease

Consent for Photography

Sometimes landlords may need to take photos for insurance purposes. However, they should acquire the tenant’s consent to photograph anything inside the property rental. They should also guarantee not to violate the renter’s privacy by taking pictures of personal items.

Use of Surveillance Cameras

To ensure the tenants’ safety, landlords install cameras within the rental premises. It is a common practice because the videos can become evidence of criminal activities. However, tenants should know the surveillance cameras’ positions and when the landlords may use the footage.

Answer Questions

Landlords should not become evasive from the questions. Being upfront and honest about personal information usage will help avoid problems with tenants. If possible, landlords should include their privacy policy in the lease agreement.

After the Lease

Avoid shaming

As much as landlords want a problem-free tenancy, they may encounter bad tenants. Nevertheless, they should shun humiliating past renters by sharing details about their faults in an unsanctioned manner. One example of a regulated procedure is divulging information to credit agencies or leasing agents doing background checks.

The best thing to do is avoid bad tenants altogether for this not to happen. So you have to do your job of screening diligently. You also have to make sure to get a lot of tenant options. But how? You need to advertise your listings in as many places as you can. Did you know there is a site where you can post your property listings and syndicate them? Padleads will let you do all that. Pretty convenient, am I right?

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