Renting to a felon

Renting to a felon

Real Estate Investor · Lincoln, NE · Member since 2013 · 584 posts · 353 votes

A guy called me yesterday and asked about an apartment we have for rent. I gave him the info then he asked, "Do you rent to felons?"

I was a little surprised and responded, "What do you mean?"

He explained that he just got out of jail 2 months ago and he and his wife are looking to move closer to her work and were interested in the apartment. I asked what he was in jail for and he said selling pot. I asked if he was done with that and of course he said yes.

I personally feel that a person is not defined by one bad thing they have done in their past and people need second chances. However, zebra's don't change their stripes to quote the saying. It would probably be easy to reject them based on credit history, etc. He didn't call back and we have several other good applicants for the apartment, so I won't have to deal with it this time. I'm just interested in how other landlords feel about something like this in a tenants background.

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Bill S.Pro Member
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Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
12y

Ok, I'll be an outlier here and the cold heartless SOB. No felonies ever. My brother got in trouble with the law. The things people do before they are caught is usually at least 10x of what they get caught for. It is extremely rare to get a felony for a one and done. I don't have time to sift through all those that are BSing me to take a chance on the one the will turn out good. I'll let all the other kind hearted landlords here on BP offer them a place to live or maybe they'll find a LL that doesn't ask. There are too many applicants that don't have a criminal history to consider those with a felony criminal past. Criminals know criminals. I don't need those kind of people in my life. Period. There was a thread previous about LL personal safety. This is the very first step, and most basic, in that process. Ignore it to your peril.

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  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    12y

    Personally I don't rent to people that are fresh out of prison because it's too easy for them to quickly relapse and have their life fall apart again leaving me to deal with the drama. On the other hand someone that has been out for 10 years and hasn't gotten in any trouble since and has their life together would probably pass.....but then again it may depend on what that person was locked up for (murdering his landlord would probably result in him being disqualified).

  • Sacramento, CA · Member since 2013 · 58 posts · 9 votes
    12y

    @WS hey he did his time. Do not condemn him his whole life.

  • Developer · Garland, TX · Member since 2008 · 8k+ posts · 4k+ votes
    12y

    Run a background check. See what all is on there and how recent. Stay far away from recent violence.

  • Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
    12y

    Since he was honest and upfront with his conviction, I wouldn't hold it against him, now if anything else came up in his background check then maybe.

  • Real Estate Investor · Lincoln, NE · Member since 2013 · 584 posts · 353 votes
    12y

    @Steve, agree, that's why I said people deserve a second chance.

    @Patrick, yes, if he murdered his previous landlord it would be hard to get a good reference.

    I'm glad to hear everyone say it's not an immediate disqualifier, but based on the rest of his background. Like I said, he didn't call back so it won't be an issue this time.

  • Atlanta, GA · Member since 2013 · 40 posts · 2 votes
    12y

    I agree with @Andrea M.

    He was honest and it is not a serious felony in my opinion. I would run a background check and if he was honest I would not disbar him for that lone offense.


    If he has a streak of other crimes, petty or not, I would reject.

  • Investor · Southeast, MI · Member since 2012 · 2k+ posts · 1k+ votes
    12y

    I like that he was honest with you. I also believe that if there's no victim, there's no crime. I think this war on drugs is a farce, but that's another topic.

    You might want to check and see if he's on probation or parole. There could be some negatives there as he might not have a drivers license, etc.

  • Real Estate Investor · StL, MO · Member since 2008 · 296 posts · 152 votes
    12y

    I always say "No felonies in the last 7 years and no sex offenders" as part of my rental criteria. I've never had anyone actually apply past that. In your situation, and had he actually applied, I would have looked into the charge/crime a bit more. Was he selling a few ounces to his buddies, caught with a pound and was technically dealing or was he actually selling large amounts? If it was the two former, I would let it slide. If it was the later, I wouldn't. I don't want any police officers kicking in my door on a drug raid. If he was a big time dealer, that was making big money, what are the chances that he changed his ways and will now hold a job making $10-$12/hour instead of dealing again?

  • Rancho Cucamonga, CA · Member since 2013 · 58 posts · 9 votes
    12y
    Wade Sikkink Now keep in mind this coming from a cop/landlord. I wouldn't mind renting from someone who was convicted of a felony several years ago and has since has a long track record of stability and responsible actions. I've worked with criminals in and out of custody. Most, not all, never really do change. Once you're a felon, it's really hard to find stable employment and most end up going back to crime when the chips are low. Even the good and honest ones. If it was a onetime thing, then that's another story. People do make mistakes. But seven trips to prison shows a pattern of antisocial behavior. 1st time offenders hardly ever end up in prison. Unless it's a violent offense. So let that sink in. Unless you're fine with your investment being turned into a crack house...
  • Wholesaler · Dayton, OH · Member since 2013 · 172 posts · 16 votes
    12y

    Great way to handle the situation. I've had similar situations where people look a place and ask, "what do you ck?" That right there tells me that they have something to hide. Might not always be true, but I just tell them, I check, "credit crimminal, rental history." CCR for short. Never liked the group, but that's how I remember it.

  • Real Estate Consultant · Camarillo, CA · Member since 2010 · 2k+ posts · 1k+ votes
    12y

    I did have a situation where an applicant had served 12 years on a sex crime. Further investigation showed that at 18 he got his 15 year old girlfriend pregnant. He did 12 on statutory rape. I consider this more in line with stupidity of youth than a sexual preditor. I did have to turn him away as I feared that the tenants, especially those with children, wouldn't get past his lable if they found out. I also was concerned about liability and my insurance if anything did happen.

  • Real Estate Investor · Dallas, TX · Member since 2010 · 449 posts · 173 votes
    12y

    I'm open minded about it. People do make mistakes when they are young and stupid, and it's a shame that they are basically branded for life over something that may have happened a long time ago.

    My take on it is that I'm ok as long as the jail time was a long time ago (10 years plus) and there's no evidence of more recent problems.

  • Karen MargraveBusiness Member
    Moderator
    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    12y

    He was honest about his situation, which he didn't need to provide. I wouldn't have a problem with it myself. We have hired and trained many ex felons over the years on our construction jobs. Many have become good friends. A few returned to prison. Everyone is different. We all make mistakes, some just worse than others.

    Growing pot in California is considered new tax revenue it's almost a public service!

  • Real estate investor · Las Vegas · Member since 2013 · 798 posts · 171 votes
    12y

    Everyone deserves a second chance, but odds are that they are not getting it from me. I have been burned by too many tenants to consider someone just getting out of jail. Yes, they could be a great tenant, but they already have a track record of not following rules. I look at it as there is always a risk, but I am going to go w/ the person I see w/ no issues with before I give a chance to someone else.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    Ok, I'll be an outlier here and the cold heartless SOB. No felonies ever. My brother got in trouble with the law. The things people do before they are caught is usually at least 10x of what they get caught for. It is extremely rare to get a felony for a one and done. I don't have time to sift through all those that are BSing me to take a chance on the one the will turn out good. I'll let all the other kind hearted landlords here on BP offer them a place to live or maybe they'll find a LL that doesn't ask. There are too many applicants that don't have a criminal history to consider those with a felony criminal past. Criminals know criminals. I don't need those kind of people in my life. Period. There was a thread previous about LL personal safety. This is the very first step, and most basic, in that process. Ignore it to your peril.

  • Rental Property Investor · Central U. S. A. · Member since 2013 · 296 posts · 149 votes
    12y

    I do not rent to convicted felons or registered sex offenders. Period. No exceptions.

  • Investor · Indianapolis, IN · Member since 2012 · 20 posts · 6 votes
    12y
    Whatever your preferences about persons with felonies, create a qualification sheet that drives any decision on choosing any prospect to become a tenant. Accusations of discrimination can be damaging whether intentional or otherwise. Changing your qualifications are understandable under the right circumstances, if properly done and documented. For example, you may decide to consider a person who committed an A Felony, but that has shown after x period of time they appear to have been rehabilitated, they've met certain criteria (income, tenancy, etc) as stated on your quals criteria sheet. Not following a prescribed qualification methodology can create big problems for you if the prospective tenant you turned down can find someone to take on the case pro bono. There are local and state agencies in most large cities that specialize in prosecuting housing discrimination. Steering clear of discrimination and having qual proof is a good starting place. Qual criterium can differ from property to property, and from time to time. There's little need to explain why a pm may want to change the quals given the clientele differences between a property in a war zone and that in an upscale suburban area. However, an owner or pm may decide to change the quals on, say, a multi unit in a not-so-good area. If cash flow is needed now, quals may be adjusted. Yes, lowering the quals will have to be reckoned with later, and should be considered in the decision. If a pm decides to change the quals, then document the start (and end) date when changing the quals. If the pm expects to flip back and forth on quals, say regarding length of time on a job, months of documentable tenancy, etc., then create a separate qual sheet. If a pm changes quals, based on occupancy rate, use a specific qual sheet tied to that vaconcy rate. And create a tracking mechanism, such as with an email to your pm identifying the qual sheet being followed. Also, an outlook calendar note makes information retrieval easier. Bottom line, as you or the pm have to change quals to thrive, protect yourself and your good name.
  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    One of our tenants had a felony conviction ten years prior to renting from us. His crime was PCS Meth. That's serious and usually comes with a lot of extra baggage. However, he had a successful rehab, is a dedicated single father and is gainfully employed, recently promoted to foreman at his job. He is in his fifth year renting from us. He is one of our "all-star" tenants, meaning he consistently pays rent on or before it is due and doesn't cause us trouble.

    We take into account individual merit before making our decision to offer to rent, we abide by fair housing law, and are thorough in our tenant screening process.

    Washington State landlord-tenant law requires us to have written rental criteria that we show to prospective tenants before they apply to rent. Here is an excerpt from ours:

    LEGAL/CRIMINAL HISTORY

    1. Criminal offenses (misdemeanor or felony) of a violent nature against person or property will result in denial.

    2. Applicants with a non-violent criminal misdemeanor that occurred more than two years ago or a non-violent criminal felony that occurred more than five years ago may be considered if restitution for their crime was made in full and all time was served. Also, we would require an additional security deposit and demonstration of good legal history, employment history, credit history, and rental history since the time of the crime. Applicants with a pattern of multiple offenses will be denied regardless of what the employment, credit and rental history shows.

  • Residential Real Estate Broker · Bremerton, WA · Member since 2013 · 494 posts · 142 votes
    12y

    @Marcia Maynard , I'm in WA State, also. I've found that I like having the required rental criteria. I simply follow it and let it make these decisions for me. I may steal your wording on #2 if I may have your permission.

    In regards to the OP, I have a detailed rental criteria like Marcia (as stated above). It's in accordance with my state's laws. But it eliminates much of the thinking in regards to who I accept. The questionable tenants get eliminated due to the rental criteria. This guy, if he were to apply, may or may not meet the criteria - I'd need to re-read the rental criteria sheet. I really don't need to think about it much. It's a nice system.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    Stephanie, glad to share my wording with you. If I put it out there, and you like it, make it your own. I've borrowed ideas from many other landlords over the years and have shared mine. That's what we are here for. :-)

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    12y

    Marcia you seem like a very fair and rational person on whom you, may consider an applicant, and as for you bill maybe you should reconsider your policys through an interview process, I' m about to be a little more personal then most people, just because i know who i am and where I am in my life. At 19yrs old I made some mistakes and have 2 felony drug charge convictions, I am 36 at this time and through hard work, dedication, faith, and surrounding my self around the right people have made considerable changes in my life, I work for dept of defence, I have govt security clearence, with my convictions. And will prob make around 80thou this yr. And I may be an exception to the rule, but your telling me you will not rent me an apartment, when I can gaurantee im a better prospective tenent then probably 90% of the tenents you may have. I also have a family member who has a past now a landlord with approx 50 rental units. Try to know someone's caracter, and where they may be in there life today. Not yrs past. And you may just find a secure tenent with no issues.

  • Bill S.Pro Member
    Moderator
    Rental Property Investor · Denver, CO · Member since 2013 · 4k+ posts · 2k+ votes
    12y

    @Andy Ballester great job turning around your life and making better decisions. You are 1:1,000 or 1:10,000. I know that with this policy I miss some good tenants. You would likely be one of those. I also know that by limiting the number of pets to 3 I miss some good people who own 4 or more. I also know that by refusing to rent to people with evictions I also miss some good potential tenants. I realize it's not fair but for me it's about limited resources. I simply discriminate (legally) against people that have certain qualities because I have determined ahead of time that people with those characteristics generally waste my time because they generally don't make good tenants. I know I miss some good ones but I also save lots of time and potentially heart ache (if I make a mistake) in not dealing with all the bad ones. It's a business decision for me. The same can be said for keeping people from those life situations out of my life. I'm sure I miss some good people. That is a trade-off I'm willing to make. I realize it's not fair but but that's the way life is sometimes.

  • Investor · pittsburgh, PA · Member since 2013 · 112 posts · 15 votes
    12y

    I respect your opinion on these matters, and I know everyone has there reasons for what they do. And if the situation arises, if I need any advice, in any future real estate endeavors, being that you have a much greater knowledge, and Im trying to learn as much as possible, before I make any desicions. I would appreciate any wisdom, advice, and knowledge and appreciate all the people willing to post. Ive been reasearching my local market for the past few months, accidently came accross this site a couple of weeks ago, and after reading multible post, decided it was in my best interest to join giving the fact of the wealth of information I have already learned. Thx to all of the people who are sharing. No hard feelings brother.

  • Karen MargraveBusiness Member
    Moderator
    Realtor, General Contractor, and Developer · Redding, CA · Member since 2009 · 7k+ posts · 4k+ votes
    12y

    I would NEVER rent to pedophiles, or sex offenders. In fact, we once were approached by a counseling service that counseled such offenders, and I told them we wouldn't lease to them. They said their clients were convicted of "victimless" crimes, and that none of the other tenants could be aware of the nature of the counseling center. The audacity! I explained that I would never put any of our tenants or their clients/customers at risk, that many of the workers were women, and I wouldn't feel comfortable with them working late, etc. knowing sex offenders could be lurking about, so they would need to find other space.

  • Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    12y

    I have low-income rentals and that in itself means that most applicants aren't 'perfect'.

    I am willing to look at the situation, but if you lie to me on the application, you're out.

    I do have a sex-offender as tenant for the past 2 years. Some years ago he lived with his cousin and ended up becoming friends with the 15 year old daughter. They ended up kissing and the daughter threw that at her parents when she got in trouble for something else. There was no other touching or sex involved.

    No, I didn't just take his word for it. I talked to his parole officers, who, while not being able to tell me what was in his file, was able to give me a yes or no, whether his story was the same as what she had in her file. She agreed.

    Frankly, to me that's not a big deal. But it's screwed up his life and he's registered as a sex offender. When he got out of jail, he was unable to find a place to live and so he ended up getting probation evoked (because it's a requirement for probation to have an address) and ended up homeless.

    He's been with me for 2 years and his rent is always in my account by the 1st. I've never had a problem with him.

    So, I'm willing to look at the person and give some people that chance, who might be overlooked by others, that put everyone into categories.

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