Denial based on crim check

I ran a background check on my potential tenant and it came back with a few things on the crim report. Can I dney someone based on that report?

You should be able to. I know ...

You should be able to. I know in some states you have to provide the proof though. I would have it ready in case you need to supply it.

As always, laws vary from stat...

As always, laws vary from state to state. I had the same thing happen three years ago. A former felon showed up wanting to rent. I sought counsel and was told that, as long as I had a copy of that criminal report, that would serve as evidence that I was justified in refusing to rent. Fortunately, I always price the rent just a bit below market. That means that usually I am selecting a new tenant from a set of applications. In this case, I had three applications to choose from, so it was very easy to rent to someone else and just let it go at that.

This is really a great respons...

This is really a great response and clever.  However, there is one hard and fast rule with screening.  If you use a proper release form (which you must) than the tenant is agreeing that you may use the results of the screen to not rent.  If you don't the tenant can claim that he/she specifically when to your lease because this was not part of the process and you are now discriminating outside the original intent.  Use a release. 

Justin the release is a great ...

Justin the release is a great suggestion.  Do you happen to have a template available or some wording? I'd like to add this to my process.  I also usually price a bit under market so I generally have amble tennets to choose from.

I came across this and thought...

I came across this and thought of your question, Amy_P.

What if someone lies about the...

What if someone lies about their criminal history and you don't find out until after they've moved in? Can you evict them?

I think that any lies on an ap...

I think that any lies on an app can be grounds to evict, but it should state that fact at the bottom of the lease in the fine print. But the poster above is totally right--I took a one-day course offered by the City where an attorney and seasoned apt. Mangers advised us to create a "Screening Criteria" to be supplied to every prospective tenant. This doc, which I created from input from the class notes, tells each applicant that we are striving for a safe neighborhood and certain things will be expected and required, including good credit, sufficient proof of income, clean criminal record (Felonies and property damage not allowed) and no eviction history. Also, behavior problems, noise or HOA violations or extra tenants "crashing" or lies on the application are all grounds for denial or eviction if detected after move-in. If every applicant is held to these same standards then the law is on the landlord's side. I eventually emailed this criteria to every person who called or wrote to my ad and it saved me the trouble of having showings to tenants that would not have passed the screening. Best  advice I received so far in this process.

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