Tenant background check didn't show he was a felon...

Tenant background check didn't show he was a felon...

Buffalo, NY · Member since 2015 · 14 posts · 3 votes

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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Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
11y

Welcome to BP. You offered a lease and he accepted. If he pays rent on time you can only evict him for lease violations. If long term visitors are prohibited on your lease that could qualify as a lease violation but that is a violation he can easily cure if you serve him notice. The fact that you are nervous now that you know of his history is not relevant. You state he is a nice guy, pays rent on time and his offense was more than 20 years ago. Have you considered that he may be a good tenant?

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  • Investor/Landlord · Farmington Hills, MI · Member since 2011 · 1k+ posts · 1k+ votes
    11y

    Welcome to BP. You offered a lease and he accepted. If he pays rent on time you can only evict him for lease violations. If long term visitors are prohibited on your lease that could qualify as a lease violation but that is a violation he can easily cure if you serve him notice. The fact that you are nervous now that you know of his history is not relevant. You state he is a nice guy, pays rent on time and his offense was more than 20 years ago. Have you considered that he may be a good tenant?

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    11y

    Hi Danielle and welcome to BP.  You can't evict him just for being a felon.  He was a felon when you rented to him and nothing has changed.  So he hasn't violated anything as far as that is concerned.  And I'm not surprised at all that he didn't disclose beforehand that he's a convicted felon, especially considering that you didn't even ask him.  It's not exactly a selling point that most people are going to readily volunteer.  Look at the bright side, you know what to ask (and look for) when it's time to find your next tenant. 

  • Charlotte, NC · Member since 2015 · 17 posts · 10 votes
    11y

    I know nothing of CA law, but would an omission be the same as a lie if your application process and lease state that lying are grounds for termination/denial?  We (in NC) have a question on our app that asks if the applicant has been convicted of a felony.  

    I ask because there is a town in CA I might consider investing in at some point.  

    As far as the OP goes, if he isn't trouble, I'd let him be.  He screwed up and did his time.  If he isn't a problem tenant, aside from the guests, which you say have been handled, I see nothing really wrong with allowing him to stay.  You'd also have to consider the loss of revenue and costs of a turn if you did evict him.  

  • Investor · Hampton Roads, VA · Member since 2014 · 1k+ posts · 418 votes
    11y

    If, after he has corrected the problems, pays on time, takes care of the place, and is respectful... then it may work out ok.  I tell every new tenant this:

    My wife and I are looking for a tenant that will take care of the place, pay on time, respect our privacy, and report maintenace issues.  In return, we will respond to those issues as quickly as possible and respect their privacy.  It's worked out well for me so far.  

  • Real Estate Investor · Hayward, CA · Member since 2015 · 134 posts · 88 votes
    11y

    In California you can give 60 days notice without a reason.  Just before his lease is up let him know you won't be renewing the lease and if he's not out when the lease ends, you could send him a 60-day notice to vacate. That should give him time to find another place.

  • Cincinnati, OH · Member since 2017 · 22 posts · 8 votes
    9y

    I'm curious to learn how this situation ended. What if you asked this question on a rentaL application and they lied?. Is the lease agreement voided because the landlord's decision was based on fradualent information?

  • Investor · Chicago, IL · Member since 2016 · 60 posts · 45 votes
    9y

    What service did you use for the background check?

  • Buy & Hold Owner · Redlands, CA · Member since 2015 · 5k+ posts · 2k+ votes
    9y
    Originally posted by @Joyce Tavares:

    In California you can give 60 days notice without a reason.  Just before his lease is up let him know you won't be renewing the lease and if he's not out when the lease ends, you could send him a 60-day notice to vacate. That should give him time to find another place.

     And that  will cause the LL to be subject to Relocation Fees which can be several thousands of dollars.

    Let's be clear: We can send a Notice of Non-Renewal without problems.  Give 60-day notice before the end of the term and you're in trouble.

  • Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
    9y

    @Danielle Moser  What did you learn regarding federal background vs state background checks?

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