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Danielle Moser
  • Buffalo, NY
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Tenant background check didn't show he was a felon...

Danielle Moser
  • Buffalo, NY
Posted Feb 12 2015, 12:21

I have had a tenant in my rental since October 1.  I ran a background check on him, all was fine, seemed like a nice guy, pays on time.  Since October 1, he has had multiple house guests who have stayed well past a visitation period (7 weeks, 8 weeks) and none were family members.  I have since squashed that issue and had the one long-time visitor sign the lease and become a co-tenant to cover myself.  A little background:  I own one duplex and I live on one side and rent out the other.  It's just me and my daughter, so I was very picky when choosing a tenant.  I am not looking to do this as a second career, it's just a way for us to live comfortably, in a nice family neighborhood. 

Just this week, luckily I was home, and heard banging at the door.  To my surprise, I was greeted by my current tenant's probation officer.  He had robbed 1 or more banks 20 years ago in another state and is on federal probation.  I have no idea what kind of time he served, or how long he will remain on probation; however, I was upset this didn't show up on a background check AND he never once mentioned this to me - which is a bit baffling as he knows his probation officer could show up at his home at any time and he shares a front door with his landlord.  I have since learned a bit about federal background checks vs. state background checks, which I will be sure to look further into for my next tenant.  He has continuously lied about the time frames of his "visitors", one I think is actually an illegal immigrant from Canada, has told many stories that just don't add up... and now I find out he's an ex-felon.  My question is - since I didn't ask on my application if he had ever been convicted of a crime, and it's not his fault I didn't do a federal background check - do I have any grounds on which to evict him, or ask him to leave?  At this point I'm a little nervous and wouldn't want to talk with him alone.   

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