Q: After consulting your book, "Property Management for Dummies," and speaking with an attorney, I found a discrepancy in opinion involving tenant applicants with criminal records. Your book said that I can deny a rental application submitted by a convicted criminal in order to protect my current tenants from having their items stolen. However, the attorney I spoke with said a landlord can deny an application only if it’s based on bad credit and income history, even if the applicant has a considerable criminal history and is currently on probation for stealing and drugs. Has the law changed in the past few years?

A: I think I can clear up what you see as a potential discrepancy. As is so often the case with tenant-landlord legal issues, there are subtle interpretation differences, and slightly different facts can change the answer. While I’m not an attorney, as a property manager for more than 30 years I believe I see what the attorney is suggesting and why.

Q: After consulting your book, "Property Management for Dummies," and speaking with an attorney, I found a discrepancy in opinion involving tenant applicants with criminal records. Your book said that I can deny a rental application submitted by a convicted criminal in order to protect my current tenants from having their items stolen. However, the attorney I spoke with said a landlord can deny an application only if it’s based on bad credit and income history, even if the applicant has a considerable criminal history and is currently on probation for stealing and drugs. Has the law changed in the past few years?

A: While I’m not an attorney, some types of criminal convictions can provide very valid and legitimate grounds to turn away a prospective renter.

According to your question, the attorney said you can deny an applicant based not on criminal history, but only based on bad credit or income history. But that is not necessarily always true.

A convicted criminal could have good cash flow and may even have excellent credit, but that doesn’t necessarily mean they are not a threat to other tenants.

Having a consistent policy for conducting criminal background checks, and for rejecting applicants for specific types of convictions, such as violent crimes and property theft or damage, can be a good policy for protecting yourself and your tenants.

And you should ask your legal adviser about the types of convictions that may present good cause for rejecting an application, as this can be a tricky area for landlords who are trying to protect their other tenants and avoid violating the rights of the prospective applicant.

A convicted thief, as you describe here, may not be the ideal rental candidate. …CONTINUED

Please note that arrests are very different than convictions, and someone who has had even numerous arrests may have been completely innocent of the crime or crimes alleged. An arrest is not a conviction or grounds to deny an applicant.

I believe that applicants with a history of certain violent or serious criminal convictions could present a reasonable basis for the denial of a rental application, while applicants with minor convictions in the distant past could be solid rental candidates. Fair housing laws may require you to consider the type of criminal conviction and when it occurred.

But you need to be careful to not go too far, as you need to balance the rights of the applicant with a legitimate concern for the safety of your other tenants. A conviction for a non-violent crime or a minor violation of some law many years ago might not have any relevance now and would not reasonably be considered a risk to your tenants. When confronted with prospective rental applicants with criminal convictions, you are smart to seek additional information and contact your legal adviser before making a decision.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of "Property Management for Dummies" and "Property Management Kit for Dummies" and co-author of "Real Estate Investing for Dummies."

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

***

What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

Show Comments Hide Comments
Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
By submitting your email address, you agree to receive marketing emails from Inman.
Success!
Thank you for subscribing to Morning Headlines.
Back to top
×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription
×