Sex offender in rental unit in Indiana

General Landlording & Rental Properties
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Sex offender in rental unit in Indiana

Kurt K.
Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes

Hi BPers,

I have inherited a four-plex and come to find out one of the renters is a sex offender. He lives there with his wife. I have met them and they seem like nice people. Their lease expires in October this year and they pay on time every month. And I'm sure they would like to renew. I'm from out of state and I have a property management company looking after my rentals and that is going very well. Next month I will have two openings coming up in the four-plex that I will need to rent.

When showing a unit to a prospective renter, I don't think you can tell them that a renter within that four-plex has a sex offender living there, but I don't know what the law is. I was told you could tell them that they should always check the online sex offender database, but can't tell them a sex offender lives there. This is very awkward if a prospective renter has kids. Again, not sure the best way to handle this and I don't know the law is. Maybe laws are different in each state.

I thought about not renewing the sex offenders lease when it expires for the fact I am the new owner. Would that be the best solution? I'm sure they would know why I am not renewing their lease if they are good renters. 

Let me know if you have any suggestions. Thank you.

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Michaela G.
Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
10y

Do you know why he's a sex offender? There are many reasons these days how someone can land on that list, but who I would not necessarily think of as a risk:

He may have slept with his 17 year old girlfriend, when he was 18.

He may have been drunk and peed in someone's front yard and their child saw it.

He could have been with a prostitute who was underage, but didn't look it or say it

I have a sex offender living in one of my properties. He kissed his 15 year old cousin. Yes, I confirmed that with the probation officer. He's been the best tenant. 

Why not have an open and honest conversation with him and ask him what happened?

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  • Kurt K.
    OP
    Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes
    10y

    @Account Closed I was able to check the database myself for free and he is there. 

    0Reply
  • Kurt K.
    OP
    Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes
    10y

    @Account Closed In the database all you do is put in the address of the unit and it says if a sex-offender lives there which has the name of the offender and he is my tenant. Maybe different states treat the data differently. I don't know.

    0Reply
  • Cath Hendon
    Investor · Riverside, CA · Member since 2015 · 12 posts · 2 votes
    10y

    Have you checked with:

    a. city/county codes with what you can and cannot disclose?

    b. local attorney? If you do not disclose can you be held personally liable for moving costs or more? And is this something you can legally not renew a lease? Just because you are the new owner may not be a valid reason if they have been good tenants.

    This is a huge can of worms. I also think others her on BP would like to know what you can and cannot do.

    You must cover your backside on this one

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  • Kurt K.
    OP
    Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes
    10y

    Hi Cath. Some good questions and I don't have all of the answers atm. I do have a property management company and my property manager says that we can't disclose to renter prospects that we have a sex offender living next door, but only tell them they should always check the sex offender registry in their area. I believe different states have different laws on this issue, so you comment about checking with a local attorney might be a good start. As a property owner, I would do everything in my power not to have children move in next door. Theres a good chance some of them would not check the registry.

    And yes, this is a huge can of worms.

    0Reply
  • Michael McDevitt
    full-time CPA & part-time RE Investor · Colorado Springs, CO · Member since 2016 · 102 posts · 46 votes
    10y
    Ouch, this sounds like a tough spot t be in as a landlord. On the one hand, the offender has a right to live somewhere. On the other hand, if he lives on your property, you rightly would want to inform any possible renters that he was there. I don't know if I am right or not, but if it were me, I would not offer him another lease when his expires. I think he creates too many issues for possible other tenants. I am interested to k ow how other people feel about your issue.
    0Reply
  • Julie MarquezPro Member
    Investor · Skagit County, WA · Member since 2016 · 1k+ posts · 807 votes
    10y

    @Kurt K. I don't know what the disclosure law is, but I can't tell you that my dad has rented to this one sex offender for 15 years now (I don't know to what degree or how long ago or anything). But I do know that this fellow is very grateful to my dad and has moved around to a couple of different buildings following my dad as a landlord, and that he is a great tenant. I do not believe my dad has to tell anybody about this tenant. It's a tough situation for you, I hope it goes well.

    0Reply
  • Michaela G.
    Investor · Atlanta, GA · Member since 2013 · 3k+ posts · 3k+ votes
    10y

    Do you know why he's a sex offender? There are many reasons these days how someone can land on that list, but who I would not necessarily think of as a risk:

    He may have slept with his 17 year old girlfriend, when he was 18.

    He may have been drunk and peed in someone's front yard and their child saw it.

    He could have been with a prostitute who was underage, but didn't look it or say it

    I have a sex offender living in one of my properties. He kissed his 15 year old cousin. Yes, I confirmed that with the probation officer. He's been the best tenant. 

    Why not have an open and honest conversation with him and ask him what happened?

    6Reply
  • Adrien C.
    Property Manager · Griffith, IN · Member since 2015 · 1k+ posts · 913 votes
    10y

    I was going to say basically what Michaela wrote- find out the situation. You're all worried about kids but maybe this guy likes old grandmas. Or he did something when he was young and she was just a little bit younger. If you have to have a conversation with the tenant, be tactful and explain that you may have to disclose to tenants he's a registered offender and having more info could help alleviate some concerns. If he doesn't want to corporate, don't renew him if you don't feel comfortable. 

    1Reply
  • Kurt K.
    OP
    Rental Property Investor · Phoenix AZ / Kendallville, IN · Member since 2016 · 293 posts · 149 votes
    10y

    @Michaela G. @Adrien C. All I know it was Criminal Sexual Conduct - Second Degree (person under 13) offense and he was sentenced to jail for one year in 2006. You can find most records online. Knowing this I really don't want to confront this tenant over this allegation. Its rather serious in my book and not sure if I really want the surrounding tenants to know even though they should know.

    This is a 4-plex and two units are opening up right next door to his unit later this month. So this might be the best time to not renew the offenders lease. It will cut down on potential good renters from the get go. Would have to look for renters with no children.

    I think at this point I'm going to have a conversation with my PM and see what she recommends. Thank  you all for your input for such a touchy subject.

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  • Account Closed
    Rio Rancho, NM · Member since 2016 · 57 posts · 41 votes
    10y
    Remember it's a business. As long as the tenant is performing under the lease, you should leave it alone.
    0Reply
  • Zach KiddPro Member
    Real Estate Agent · Clearwater, FL · Member since 2015 · 176 posts · 148 votes
    10y

    Call an attorney. 

    Advise them that you are the landlord and want to make sure you fulfill your duties under the law without violating any other laws.

    Have them prepare any statements / disclosures necessary, and boilerplate responses to e-mail questions. Also, make sure they will address any issues that may come into play in the future, i.e. news coverage.

    It's worth a few bucks to cover your assets. 

    2Reply
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