Registered Sex Offender

15 Replies

I have a tenant who's been great for the past few years.  She moved in with her son and daughter who were in high school but have now grown.  The son has moved out and the daughter has a boyfriend who just moved in (without giving me any notice) a few months ago.

I found out today from tenants that the boyfriend is a level 3 registered sex offender and i've been reading up on the laws related to this.  

Now this is a fourplex and the neighboring tenants all have young kids.  All of the tenants know about the sex offender and are threatening to leave.

I'm considering giving a 60-day notice for the family but wanted to know if anyone else has faced this situation or has any guidance on it.

Thanks!

Hi Ray,

Give the 60 day notice TODAY! Level 3 sex offenders are higher risk. You could face legal action if he "relapses". And don't mention sex offender in the notice. (Don't want to get sued for slander by said sex offender). This is not legal advice, but that is a liability you don't want. 

Does your lease require or limit the property to certain occupants?  (Most leases do).

If so you may be able to provide the tenant with a notice of unauthorized occupants.  This may be a quicker process than the 60 day notice.

This is something you should really talk to a knowledgeable RE attorney about.

@Ray G. Have you checked the register to confirm that he indeed is on the register? Don't want to evict over a rumor, I'm sure it could put you in a legal bind. I would say professional legal help should be your first course of action.

Originally posted by @Stephen Nicholson :

@Ray G. Have you checked the register to confirm that he indeed is on the register? Don't want to evict over a rumor, I'm sure it could put you in a legal bind. I would say professional legal help should be your first course of action.

 Good idea.

You can find the Dru Sjodin federal sex offender registry under the criminal section here.

Thanks for the feedack, yes.  I have checked the registry and do find this person listed.  

I am considering the 60 day notice and will probably serve it today.

Wow, that is something of a very serious nature and must be dealt with promptly. Here is a link that explains the levels and their restrictions per state regarding employment and residential situations. It seems the boyfriend is the worse kind as there are 3 tiers, 1 being the least offensive and 3 being the highest and most dangerous required to be registered throughout their entire life. You certainly want to seek legal counseling immediately.  

http://www.sexcrimecriminaldefense.com/registered-...

Kudos,

Mary

You should serve a 3-day Perform or Quit notice advising them to remove the unauthorized tenant.

Originally posted by @Kyle J. :

You should serve a 3-day Perform or Quit notice advising them to remove the unauthorized tenant.

 I did think about that but was hesitant. Glad you mentioned it as that may be the better way to go and faster action.

Originally posted by @Ray G. :
Originally posted by @Kyle J.:

You should serve a 3-day Perform or Quit notice advising them to remove the unauthorized tenant.

 I did think about that but was hesitant. Glad you mentioned it as that may be the better way to go and faster action.

Why be hesitant about it?  This sounds like an urgent situation.  They moved in an unauthorized (and dangerous) person into your property, and all of your other tenants are threatening to leave.  Don't give them 60 days to think about fixing the problem they created.  All of your other tenants could be moved out by then. 

I'd also argue that you owe it to your other tenants who have children to act as fast as possible in this situation. 

Serve the 3-day notice and let them know you mean business.  If they don't correct the problem in the 3 days, follow through and start the eviction process.

Originally posted by @Kyle J. :
Originally posted by @Ray Gak:
Originally posted by @Kyle J.:

You should serve a 3-day Perform or Quit notice advising them to remove the unauthorized tenant.

 I did think about that but was hesitant. Glad you mentioned it as that may be the better way to go and faster action.

Why be hesitant about it?  This sounds like an urgent situation.  They moved in an unauthorized (and dangerous) person into your property, and all of your other tenants are threatening to leave.  Don't give them 60 days to think about fixing the problem they created.  All of your other tenants could be moved out by then. 

I'd also argue that you owe it to your other tenants who have children to act as fast as possible in this situation. 

Serve the 3-day notice and let them know you mean business.  If they don't correct the problem in the 3 days, follow through and start the eviction process.

 @Kyle J

Follow up question.  If they send back an application for the new tenant (the offender) by what basis can i deny his application?

Time to get an attorney involved. You don't want this low life scum owning your property or hurting someone. I would also talk to the attorney about serving him a trespass warrant so he can't come back.

Originally posted by @Ray G. :
Follow up question.  If they send back an application for the new tenant (the offender) by what basis can i deny his application?

You would deny him on the basis of his criminal history.  Ideally, you have (or will have) some standardized criteria that you screen all applicants by, which would include things like acceptable credit/criminal/rental history.  For instance, your criminal history criteria could be no prior felony convictions, or no convictions for drug offenses, or whatever you decide is important to you.  The idea is to apply it to all applicants equally so that you are consistent between applicants and avoid potential claims of unfair treatment or discrimination.

By all accounts though, a registered sex offender should not be passing your criminal history screening so that is why you would deny him (assuming he even turns in an application).

Good luck!