Every landlord and property manager understands that there is a solemn duty to maintain a safe environment for their tenants and work staff. Bringing a sex offender, drug dealer, or habitual criminal into an apartment or into the office clearly puts residents, guests, and staff at risk.
But what about that applicant that has no negative history? What if something just doesn’t feel right? I want to make it clear that not everyone with “no criminal record” can be trusted. While a criminal records check is vital, relying solely on a criminal report does not do the job.
The Bureau of Justice Statistics in 2022 concluded that only 41.5% of violent crimes and 31.8% of household property crimes were reported to authorities. This means that the majority of criminal acts that are committed are not reported to law enforcement at all.
To make matters even more of a concern, a 2022 report from the non-profit Center on Juvenile & Criminal Justice found that only about 13% of those being arrested were eventually convicted.
Bottom line – since only convictions for criminal actions can be reported for tenancy consideration, a significant number, an estimated six out of seven crimes committed, are not reflected in the criminal record at all. This means that a clear criminal report is but part of the full picture.
Three Valuable Assessment Tools
Yes, there are other tools in addition to a traditional criminal background check that may help remove that feeling of skepticism and give landlords and property managers more certainty.
Three other valuable tools for assessing good tenancy and mitigating financial exposure are available. These are conducting civil records checks, checking references, and by “profiling.”
We should, as a habit, check everything so as not to miss anything.
Obviously, you would never want a serious criminal offender interacting with your tenants or staff, but what about civil records regarding abusive conduct or suing landlords? With over one million background checks in my firm’s 25-year history, we have learned that about one-third of worrisome conduct is found only through county civil indexes.
Civil record indexes include behavioral misconduct such as domestic violence, domestic battery, stalking, false imprisonment, harassment, restraining orders, elder abuse, child abuse, and contempt of court. Civil records also contain lawsuits against property owners and management firms, histories of evictions, and claims of tenant harassment.
Rarely are these civil issues linked to a criminal record. Civil items, however, are just as, if not more important, when considering safety and your financial well-being. Being sued is never fun by a serial victim.
A real benefit is that civil misconduct often highlights a mindset that indicates disrespect, the intent to take advantage, or a history of demeaning others. My view is that those with any of these propensities are less likely to honor commitments including paying rent on time, following the rules, and acting with respect towards others.
That is why good investigators always recommend running both a civil and criminal history search on applicants. This may cost a small amount and take a few days, but will, in the end, save headache, grief, and attorney fees.
Profiling
Profiling on the other hand is essentially “free” and does not rely on whether or not a crime or civil act of misconduct was reported and adjudicated. The key to profiling is knowing what to ask and listening for clues. Before you go away feeling like you “can profile your way out of danger,” know that seasoned investigators never use “intuition” or a “feeling” to make a final determination. One’s gut often ignores the full stories that documents and references are telling us. And “a bad feeling” is not admissible in court.
For applications for tenancy, I would keep profiling simple by looking at two elements regarding an applicant’s thoughts and responses. These are recognizing one’s “dominant motivation” and one’s “dominant representation.” While observing these traits, we can pay attention to qualities that may indicate a green light to proceed or a flashing red light warning of possible danger or risk.
A five-minute casual conversation is all that is needed to gather more information. It is best conducted in person or by video conference. This way an observer can more easily decide between candidates who have already successfully passed screening, or even to prescreen an applicant prior to submitting a formal background check.
Perhaps you recall watching old TV shows where there are two detectives in a room questioning a person in a police drama. One detective would ask questions while the other would write down something on a pad of paper. This second detective would be recording the physical responses and changes in demeanor for each question asked. This extra observer rightfully reflects how important it is detecting the non-verbal reactions to any question.
That is why visual observation is quite valuable- changes in tone, demeanor, pauses in answering, throat clearing, perspiration, breathing, or posture, are often more powerful indicators than the answer itself. Changes in behavior may reveal topics causing tenseness and deception, as well as promoting added comfort and ease.
The easiest trait to detect is someone’s “dominant representation.” This communication is often intended by the speaker to impress the listener and represents what quality someone is trying to demonstrate or prove to another. Ask yourself what constant theme, words, or remarks keep coming up in conversation. What is the applicant trying to convince you? Ask some more questions and see if the same representation somehow comes up again.
A dominant representation could include “working hard,” “getting ahead,” raising a family,” “finding a way to overcome adversity,” “being loyal,” “helping others,” or “meeting the need for safety.” These representations change over time and vary depending upon who the audience is.
Rarely, do people know what their dominant representation is, but often it permeates through their conversations and discussions. You may need to read between the lines and pluck out this communication theme, but everyone does this at some point.
For example, if an applicant continues to mention that he or she loves his or her family, is committed to family, shows pictures of the family, is moving for family reasons, wants a place to keep the family safe, the applicant may be trying to convince you that he or she cares for others, is loyal, or has a duty orientation.
Being “family-oriented” however is not a mindset- it is a representation related to an attempt, possibly subconsciously, to convince you of something. Perhaps the representation in this example is of being dedicated or loyal.
While this representation may or may not be true, these statements are what the other person thinks you want to hear but DO NOT necessarily indicate one’s true motivation. A dominant representation generally is a mask to conceal someone’s deeper intent or purpose.
To get more clarity, we want to get past a dominant representation to assess someone’s “dominant motivation.” This trait relates to the thematic connection regarding emotional experiences the applicant has had in the past. Some very good and very bad traits often show up here.
Profilers are not interested in making judgments. They may become aware of dominant representations but are more focused and interested in the dominant motivation – the core of thinking and behavior. If you find this a bit hard, join the club. Profiling is a skill that takes time and practice, but can be a lot of fun without intruding on someone’s privacy – you are simply carefully observing and giving great respect to another person’s communication.
Importantly, however, even a novice profiler may come across some very disturbing comments and confessions.
Asking some simple questions about someone’s hobbies, career path, why he or she likes or dislikes work, and why he or she is moving to a new residence or new city, etc. is usually quite revealing. These innocent sounding queries help remove the veil of representations in favor of what is behind one’s thinking.
For example, if I would ask why someone is moving, a possible reply might be that it is due to a new job opportunity nearby. When asked as a follow-up about why a person is wishing to change jobs, it might be revealed that the new job is because the person was not getting promoted as he or she wished. A blocked job promotion can indicate many motivations to change jobs such as frustration, a sense of entitlement, ambition, a desire for greater financial rewards, etc.
How to drill down on which dominant motivation only takes a few more questions to reveal. There can be several dominant motivations by the way (maybe two or three), but all will indicate the same general mindset in the end. I find that asking about hobbies is not only helpful in knowing about an applicant’s interests but also to allow me to better be aware of a dominant motivation.
In the process of exploring one’s motivations, it is likely via this exploratory process that confessions are to be revealed. The challenge is to separate the behavior from the motivation behind the thinking.
Let’s say for example that a person is a teacher. Teaching itself is not the dominant motivation, rather the motivation is why the teacher chose that profession. If the teacher says it is “to pay the bills,” the dominant motivation is likely meeting financial obligations. If the teacher reports that he or she likes to help others, the dominant motivation is likely supporting and empowering others.
I suggest you include on your red flag list the following motivations for moving to a new residence:
“Entitlement”– I didn’t get what I deserved, they would not do something for me, I know I deserve better, I had to sue them, I am sometimes a procrastinator- I needed more time to do what I need to do, I should have been promoted, etc.
“Victimhood”– I am moving because I was mistreated, I had no choice but to move to a new place, my job let me go for no reason, I am looking for a place to start over, I was treated unfairly, my landlord didn’t like me, etc.
On the positive side, some green flags could be for the following motivations for moving:
“Commitment” – I am moving when my current lease expires, I always stay the full term of my lease, I enjoy doing a good job at work whether anyone knows it or not, I do what I say I will do, I pay my bills on time, etc.
“Ethics”– I admit about 10 years ago I bounced a check and still regret it, I follow the rules and like it when others follow the rules, I always keep my place clean even if no one is coming over, etc.
I recommend writing a few questions to be included in your interview. Over time your profiling skills will get better and need no notes. But please do not read from a list of questions! This changes the dynamic of the conversation and reduces the authenticity of the discussion.
Make your conversation natural and demonstrate you wish to know the person better. A conversation showing genuine interest often has a magical effect which not only may lead to bringing out the information about a potential tenant, but may also create a true and sincere lifetime friendship.
Some possible questions include discussing why someone likes or dislikes things regarding work or hobbies, what makes them happy, what creates disappointment, and their goals at this point in their life. You can ask that if you spoke with their employer, what would they say about you (and state that you may wish to call), would you describe yourself as a patient or impatient person, what is your financial goal, why are your financial objectives important to you, and what would their current/last landlord say about you (and state that you may wish to call).
A little profiling, a criminal background check, and a civil history check should help you make better choices about who to trust and who should have keys to your property.
That leads us to the third process: reference checks. My firm doesn’t bother with calling an applicant’s friends or family as they always offer glowing reviews. We call the current or last landlord and the last or current employer. To do so, you need a written release and authorization form the applicant which may need to be forwarded to them before anything is discussed.
Since employers and landlords are prevented from making disparaging remarks, the benefit of checking references include: was there willingness by the applicant to provide contact information; did this contact confirm what the applicant represented, and did you learn any negative or positive information about the applicant.
Perhaps as important as what information a reference check process may reveal, is that this attempt to more closely evaluate a candidate conveys a message to the applicant and shows that you care. Showing that you care may strengthen an applicant’s willingness to adhere to your rules and pay on time.
In summary, adding these options, civil background checks, profiling, and reference checks, will provide you with information that should lead to better choices.
If you have any questions you have about these options, please don’t hesitate to contact us: 818-848-4901 or by email at info@netcheckpi.com. We always prioritize requests from AOA members.