Kicked out for no SSN.

[HectorK]

What is the name of your state? FL

I signed a lease in January for 12 months. I have paid all my rent. I was late often, but I always caught up before the next month.

My landlord sold the house.

The new landlord has us fill out a form. He asked for my SSN. I told him that I do not have one. Now he tells me to move out, as their company can not work with "illegals".

 

[quincy]

What is the name of your state? FL

I signed a lease in January for 12 months. I have paid all my rent. I was late often, but I always caught up before the next month.

My landlord sold the house.

The new landlord has us fill out a form. He asked for my SSN. I told him that I do not have one. Now he tells me to move out, as their company can not work with "illegals".

If you have a current lease, the new owner cannot simply “kick you out.” He must honor the lease. That said, the new owner does not have to accept late payments and can move to evict you if you pay past the due date.

I suggest you speak to a landlord/tenant lawyer in your area about the form the new landlord has asked that you fill out and what the landlord said.

 

[HectorK]

Can a landlord require a SSN?

 

[quincy]

Can a landlord require a SSN?

A landlord can ask for a social security number on a rental application, yes - but you have the right to ask why it is required and how the number will be used and how it will be privacy-protected.

To run credit checks on applicants (which smart landlords will do as a rule), a social security number is necessary. The FTC permits landlords to request social security numbers and credit reports because these serve as a legitimate business purpose.

 

[HectorK]

We are 4 tenants in 4 units. One of the other tenants admitted that we all do not have SSN and that we are basically illegal. We all had to fill out a form and he now knows where I work.

He said that he does not rent to illegals and that I better find a new place asap.

I am scared he reports on my workplace.

 

[quincy]

We are 4 tenants in 4 units. One of the other tenants admitted that we all do not have SSN and that we are basically illegal. We all had to fill out a form and he now knows where I work.

He said that he does not rent to illegals and that I better find a new place asap.

I am scared he reports on my workplace.

You have a legitimate concern, hence my earlier advice to you that you speak to a landlord/tenant law attorney in your area, about the form you have been asked to fill out and the comments made to you by the landlord.

 

[HectorK]

I came here for advice. I can not afford a lawyer and I am too scared to see one. Thank you for helping.

 

[adjusterjack]

Can a landlord require a SSN?

Yes.

But he would have to do it during the application process as a condition of renting to you.

One of the other tenants admitted that we all do not have SSN and that we are basically illegal.

Not necessarily "illegal." But if you don't have one you will find many doors and opportunities closed to you.

However, if you are in the US illegally, that's a different story.

 

[Taxing Matters]

He asked for my SSN. I told him that I do not have one.

Do you have an ITIN? You mentioned having a job. In order to work in the US you need to have either a SSN or ITIN. If you have neither, how is your employer handling your tax withholding? And what are you doing about filing your income tax returns?

If you do have an ITIN, just give that to your landlord. That's all the landlord should need.

 

[Taxing Matters]

I can not afford a lawyer and I am too scared to see one.

You can find attorneys and legal organizations to talk to about this for free or little cost if you are unable to afford legal services. Lawyers have a duty of confidentiality so what you tell them about your situation won't end up getting disclosed to others.

 

[quincy]

I came here for advice. I can not afford a lawyer and I am too scared to see one. Thank you for helping.

There are low cost and free legal aid clinics in Florida where you can go for advice. Here are a few links you can try:

https://www.justice.gov/eoir/file/ProBonoFL/download

https://www.floridalegal.org/our-projects

https://www.immigrationadvocates.org/

 

[quincy]

Right now, you apparently have a binding lease that prevents your new landlord from evicting you if you are careful not to violate any of the terms of the lease. You do not have to void your current lease or sign a new lease or fill out another application. You were approved for the rental by the former owner.

It is important, though, that you DO NOT pay your rent late.

 

[HectorK]

I do not have SSN or ITIN.

 

[quincy]

I do not have SSN or ITIN.

You should speak to an attorney in your area. Use the links provided to find an attorney who can work with you at low or no cost.

There is no federal law that prevents a landlord from renting to an undocumented person and, on the contrary, there are federal and state housing laws that prohibit discrimination.

Obviously the landlord wants to ensure his tenants can pay the rent. That is why credit checks and background checks are conducted on applicants. The good news for you is that you already have a lease. Meet all terms of the lease and you should not face eviction.

 

[Taxing Matters]

I do not have SSN or ITIN.

Then I suggest you consider getting an ITIN. You need that to file your federal income tax returns, and since you are employed at a job you likely earn enough to have to file a return. Apply for the ITIN using Form W-7.

You should be talking to a lawyer about this, too. You are working at a job and the employer is supposed to get your SSN or ITIN in order to meet the employer's tax obligations. Didn't the employer ask for that when you got the job? How long have you been working in the US without a SSN or ITIN? The employer might be dodging some of its obligations, which would be a concern on several levels.

If you are an undocumented immigrant and do not have legal status here you still have to file and pay your taxes and failure to do that might disqualify you from consideration for legal status later. Under some of the new immigration ideas that the President and some members of Congress have put forward, some aliens who have been in the US for awhile and have been working and paying taxes may have a shot at a path to citizenship. But a failure to pay taxes would make you ineligible for those proposals. Filing and paying taxes late also results in a lot of extra money you have to pay in penalties and interest. You'll save money by ensuring you timely meet your tax obligations.

Note that the IRS and SSA cannot on their own disclose to ICE information from your tax return information that would indicate that you are in the US illegally.

Right now, you apparently have a binding lease that prevents your new landlord from evicting you if you are careful not to violate any of the terms of the lease.

I agree with quincy on that but you should check your lease to see if it gives the landlord the right to terminate the lease in the event the property is sold. While many leases do not have that term in them, some do and that will affect what options the new landlord has.

It is important, though, that you DO NOT pay your rent late.

That's very important. Paying late is itself a breach of the lease and can lead to eviction, even if you catch up the payments later. Hopefully you've paid the new landlord on time. Certainly you want to make sure you make all future payments timely.

You should also be prepared for the possibility that the landlord will not renew the lease at the end of the year when the lease expires.