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The Tenant Screening Process: The Criminal History Check (Part 4)

Updated: Feb 2, 2022



Landlords and property managers tend to take tenant screening very seriously because it’s one of the few ways they can keep undesirable tenants out of their property and ensure they have happy, responsible renters that pay on time every month. Tenant screening doesn’t end with credit checks and employment verifications, though; there are plenty of other things you need to check on your potential renters to ensure they are ready to move in, including criminal history checks. If you want to learn more about this important tenant screening step, read on!

Although each state has its own criminal history database, there are services that collect data from all states to give a nationwide criminal background perspective.

You'll be able to view the sort of offense committed, the state in which it occurred, and the sentence in each criminal history record. If you're utilizing the reports for tenant screening, you might be able to see a pattern or recurring issue. You have the right to deny the application if there have been recent convictions or if there appears to be a continuing pattern of crime and violence.

While it is not strictly against Fair Housing regulations to refuse to rent to a convicted felon, it is critical that you apply a consistent set of screening techniques every time you screen a potential tenant.

You might be found in violation of the Fair Housing Act if you use a criminal record to discriminate against applicants or if you have a firm policy against renting to anybody with a criminal past. Make sure you understand how to properly analyze a criminal background check and when you have the authority to refuse a renter based on their criminal past.

It should be noted that certain states and towns have implemented legislation restricting a landlord's ability to do criminal background checks as part of the screening process, so be sure your local laws permit background checks.


Source: Laurence Jankelow (Avail.co)


Read the fifth part here: Putting It All Together





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