Quick Answer
Under Federal Rule of Evidence 803(6), a record you kept about your rental can come in as a business record when it was made at or near the time by someone with knowledge, kept in the course of regularly conducted activity, made as a regular practice, and shown to meet those conditions by a custodian or a certification. The other side can still challenge it by showing that the source or method of preparation signals a lack of trustworthiness. Rule text last checked October 2, 2026.
Key Takeaways
- Timing carries the most weight. Rule 803(6)(A) asks whether the record was made at or near the time of the event.
- Routine matters. The record must be kept in the course of regularly conducted activity, and making it must be a regular practice (803(6)(B) and (C)).
- A custodian or a certification supplies the foundation. Either a qualified witness testifies, or a certification under Rule 902(11) shows the conditions (803(6)(D)).
- Trustworthiness is open to challenge. The other side can argue that the source or method of preparation signals a lack of trustworthiness (803(6)(E)).
- Your court may apply different rules. Many state courts follow their own business-records statute, and small claims courts often relax formal evidence rules.
1. What Rule 803(6) Asks
Hearsay is an out-of-court statement offered to prove what it says, and a landlord’s notes, ledgers, and checklists are often exactly that. Rule 803(6) lists the conditions under which a record of an act, event, or condition is not excluded as hearsay, even though the person who wrote it is not in the room. All five parts of the rule matter:
- (A) The record was made at or near the time by, or from information transmitted by, someone with knowledge.
- (B) The record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit.
- (C) Making the record was a regular practice of that activity.
- (D) All of these conditions are shown by the testimony of the custodian or another qualified witness, or by a certification that complies with Rule 902(11) or (12) or a statute permitting certification.
- (E) The opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.
Rule 803(6) governs federal courts. State courts apply their own versions, such as California Evidence Code § 1271 and Texas Rule of Evidence 803(6). Read the rule your court uses, because the wording and the foundation steps differ.
2. Records Made at the Time vs. Records Rebuilt Later
The rule looks at when you made the record, so a record made on the day of an event stands on firmer ground than one assembled later.
- Made at the time: a move-out checklist filled in on the day of the walkthrough, with date-stamped photographs and the contractor’s estimate gathered during your statutory accounting window.
- Rebuilt later: a summary spreadsheet you build months afterward, once a tenant has filed a claim. A court can treat a record prepared for a dispute as less trustworthy under 803(6)(E), and it can carry less weight even where it is admitted.
If you must reconstruct a record, label it with the date you made it and say what source you used. Do not present it as a record made at the time.
3. Write Down Your Criteria Before You Act
A screening or termination decision is easier to explain when your criteria are on paper before you apply them.
- Set your criteria first. Write the screening standard you will apply, such as a minimum income-to-rent ratio and the verification you will accept, before you review applications, and apply it the same way to every applicant. Review any criminal-history criterion against current HUD guidance and your state law before you adopt it.
- Log transactions as they happen. Record each rent payment, late charge, and repair invoice when it occurs, not at year-end.
- Keep original photographs. Store the original files with their capture dates. Metadata can be edited, so keep the originals in a place with its own date history, such as a cloud folder, and note who took each photograph and when.
Statements your tenant made to you are a separate category. A party’s own statement offered against that party is not hearsay under Rule 801(d)(2), so a dated text message from your tenant can be offered on that basis without a business-records foundation.
4. Certifying Records Under Rule 902(11)
Rule 902(11) lets you offer a domestic business record with a certification from the custodian or another qualified person instead of live testimony. The certification must show that the record meets 803(6)(A) through (C), and it must comply with a federal statute or a rule prescribed by the Supreme Court. Before the trial or hearing, you must give the adverse party reasonable written notice of your intent to offer the record, and you must make the record and the certification available for inspection.
An unsworn declaration under 28 U.S.C. § 1746 is one way to meet the “penalty of perjury” form in federal court. A certification should state that the record:
- Was made at or near the time of the matters it describes, by or from information transmitted by a person with knowledge.
- Was kept in the course of your regularly conducted activity.
- Was made as a regular practice of that activity.
Ask your attorney whether your court accepts a certification and what form it requires.
5. Strong Records and Weak Records
| Record | Stronger form | Weaker form |
|---|---|---|
| Move-out condition | Signed walkthrough report with dated photographs | Note written weeks after move-out |
| Rent ledger | Accounting entries with bank dates | Personal journal with rough totals |
| Tenant incident | Written log made at the time, with the exact time | Recollection offered at the hearing |
| Repair billing | Itemized contractor invoice with time and materials | One-line note: “Repairs $400” |
| Notice service | Signed proof of service | Memory of dropping off an envelope |
6. Questions Owners Ask
Does a text message from my tenant need a business-records foundation? Not as a rule. Your tenant’s own statement offered against your tenant falls under Rule 801(d)(2), though you still need to authenticate the message.
Is my spreadsheet a business record? It can be if you made the entries at the time and keep the spreadsheet as a regular practice. A spreadsheet you build from memory for a dispute faces a trustworthiness challenge.
Do I need a certification for small claims? Many small claims courts relax formal evidence rules. Check your court’s rules and bring your records either way.
What This Guide Does Not Cover
This guide covers the business-records exception in Federal Rules of Evidence 803(6) and the certification route in Rule 902(11). It describes the rule text as of the check date above and does not predict how a judge will rule on your records.
It does not cover:
- State deposit deadlines such as California Civil Code § 1950.5 or Texas Property Code § 92.103.
- Small claims dollar limits by county.
- Pleading standards in an eviction case.
- Criminal evidence rules.
- Rules on preserving records once you expect a lawsuit.