What Is Form I-9 and Why Does It Matter?
Form I-9, Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) form that verifies the identity and work authorization of individuals hired for employment in the United States. Every employer—including small landlords—must complete an I-9 for each employee they hire.
The purpose is straightforward: to confirm that your worker is legally authorized to work in the U.S. You're not making immigration decisions—you're simply documenting that you've verified their eligibility.
$252 - $2,507
Per employee for paperwork violations
$627 - $25,076
Per worker for knowing violations
Criminal Penalties
For pattern or practice violations
Employee vs. Independent Contractor: How to Tell
The IRS and Department of Labor use several factors to determine worker classification. Here's how it typically breaks down for landlords:
- You set their schedule and hours
- You provide tools and materials
- Ongoing, regular work relationship
- You direct how the work is performed
- Paid hourly or salary
- Work exclusively (or primarily) for you
- Sets their own schedule
- Provides their own tools
- Hired for specific projects
- Controls how work is completed
- Paid per project or by the job
- Has multiple clients
Real-World Landlord Examples
On-site property manager who lives on property for reduced rent, handles tenant calls, shows units on a schedule you set, and reports to you regularly.
Maintenance worker who works 20 hours/week at your properties, uses your tools, and you direct what repairs to prioritize.
Licensed plumber you call when pipes break. They have their own business, tools, license, and serve many customers.
Landscaping company that handles your property weekly but also services dozens of other properties with their own equipment and crew.
When IS Form I-9 Required for Landlords?
If you've determined that your worker is an employee, you must complete Form I-9 within specific timeframes:
Section 1: First Day of Work (or Before)
The employee must complete Section 1 no later than their first day of work for pay. They can complete it after accepting the job offer but before starting work.
Section 2: Within 3 Business Days
You (the employer) must complete Section 2 within three business days of the employee's first day of work. You must physically examine the original documents the employee presents.
Common Landlord Mistakes
- • Waiting weeks or months to complete the I-9
- • Not examining original documents (copies aren't acceptable)
- • Requiring specific documents instead of letting employee choose
- • Failing to complete I-9 for part-time or temporary employees
- • Not retaining forms for the required period
How to Complete Form I-9: Step-by-Step
1Employee Completes Section 1
Your employee fills out their personal information, including:
- • Full legal name
- • Address
- • Date of birth
- • Social Security number (optional in most cases, but required if you use E-Verify)
- • Citizenship or immigration status
- • Signature and date
2Employee Presents Documents
The employee must present documents from the I-9 acceptable documents list:
Option A: One document from List A
U.S. Passport, Permanent Resident Card, Employment Authorization Document, etc.
Option B: One from List B + One from List C
List B (identity): Driver's license, state ID | List C (work authorization): Social Security card, birth certificate
3You Examine Documents & Complete Section 2
You must physically examine the original documents (not photocopies) and complete Section 2:
- • Record document information (title, issuing authority, number, expiration)
- • Enter the employee's first day of employment
- • Sign and date, certifying you examined the documents
- • Include your business name and address
4Store the Form Properly
Keep completed I-9 forms either with employee files or in a separate I-9 folder. You must retain the form for 3 years after the hire date OR 1 year after employment ends, whichever is later. You don't submit I-9s to the government—you keep them for potential audits.
What About Independent Contractors?
If your handyman or other worker is a true independent contractor, you don't complete Form I-9. However, you still have tax documentation requirements:
Form W-9
Request a W-9 from contractors before paying them. This provides their taxpayer identification number for your records.
Form 1099-NEC
If you pay a contractor $600+ in a year, you must send them (and the IRS) a 1099-NEC by January 31st of the following year.
Special Situations for Landlords
Frequently Asked Questions
The Bottom Line for Small Landlords
1. Determine classification first. Before hiring, decide whether your worker is an employee or independent contractor based on the factors above.
2. Employees require I-9. If they're an employee, complete Form I-9 within the required timeframes—no exceptions for small landlords.
3. Contractors require W-9. If they're a true contractor, get a W-9 instead and issue a 1099-NEC if you pay them $600+.
4. Don't skip payroll. Employees need proper paystubs and tax withholding, even if they're paid partly with rent reductions.
Related Resources
Explore more paystub solutions for your specific needs
Collect contractor tax information with Form W-9.
Report contractor payments with IRS Form 1099-NEC.
Generate W-2 forms for your employees at year end.
Create professional paystubs for property employees.
Learn about I-9 options for remote employees.
Complete guide to W-2 forms for your employees.