Renting to a person with a felony

Fairfax, VA · Member since 2017 · 183 posts · 58 votes

I have a very good applicant that passes all of my qualifications but mentioned that her boyfriend will be with her most of the time but has his own apartment. She told me he has a felony from 20 years ago.

I did a background check on him and realized that he committed armed robbery 20 years ago, but has been cleaned since then just a couple of traffic ticket.

Due to this circumstance and the fact that he is not gonna be living in the house but just spending most of his time there, would you consider renting the apartment to her?

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Mindy JensenPro Member

BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes

"My boyfriend will be with me most of the time" actually means "My boyfriend will be living with me 100% of the time, but you make it sound like you're going to do a background check, so I'm going to say he'll be here most of the time so you rent to me."

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Karl B.
Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
8y
Ask her how many times a month he'll likely spend there. You could also ask how many nights he'll spend the night there. Based on her answer, you can decide whether to rent to her, and if you do, you can decide whether or not to add some sort of provision to the lease about guests staying there.
Honestly, I would be more concerned about the "be there most of the time" statement than his 20-year-old felony as if he's there all the time he may convince his girlfriend to move into your property with her (so he can move out and no longer has to pay rent at wherever he's living).
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Mindy JensenPro Member
BiggerPockets Money Podcast Host · Longmont, CO · Member since 2014 · 7k+ posts · 10k+ votes
8y
"My boyfriend will be with me most of the time" actually means "My boyfriend will be living with me 100% of the time, but you make it sound like you're going to do a background check, so I'm going to say he'll be here most of the time so you rent to me."
[email protected]Podcast Guest on Show #261
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Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
8y
He doesn't have a place, they can't get accepted with him on a lease,, Your going to have him there if she's there,,
SO did she offer to spill the beans on him.. I doubt it..you ran background check.. on him,, depending on what you ran with / or without his knowledge you can't hold against her application,,
Hopefully you haven't told her she's approved.. QUITE YET !!
I'd continue to screen,
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
8y
Shake your head. She has already given you a heads up with her lie and her boy friend will be moving in full time. When the relationship ends he will be your tenant.
If you do not wish to fully screen him now and accept the fact that you will have two tenants you should reject the application.
If you are on the fence tell her that due to the added ware and tear, water usage etc. you will need to charge her a couple of hundred more on the rent and see what she says.
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Daniel Suarez
OP
Fairfax, VA · Member since 2017 · 183 posts · 58 votes
8y
@Karl B. @Mindy Jensen. Yes, both of you are totally right. From what she said it's like he's going to actually be living there, which is why I did the background check on him. Her income, background check and credit report point that should could easily take care of the rent by herself.
Sorry I wasn't very clear. Would you still rent it to her, knowing that he will be living there after i did a credit report? First rental ever so, I'm new at this things. Thanks in advance.
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Carol C.
Investor · Nassau County, NY · Member since 2016 · 82 posts · 43 votes
8y
I would be worried more about his not being on the lease then the 20 year old conviction, especially as he's been clean since. I would insist if he's going to be there 'most of the time', he has to be on the lease.
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Daniel Suarez
OP
Fairfax, VA · Member since 2017 · 183 posts · 58 votes
8y
Thanks a lot everyone for the help.
One thing that I'm failing to understand is what the problem would him living on the house (other than the felony), since whatever happens (they split, decide not to pay rent, or anything else) she's still held accountable for everything since she's the person on the lease, right?
Thanks for the patience. I read most of the bigger pockets books and did my research before investing, but I'm very new with the actual real life experience.
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Fred Baker
Mendon, UT · Member since 2015 · 5 posts · 5 votes
8y
20 Years is irrelevant people deserve a second chance. You know let the first one without sin cast the first stone. I say if all else looks good your fine. Girlfriend, is a different story.
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Dave Toelkes
Investor · Pawleys Island, SC · Member since 2008 · 1k+ posts · 837 votes
8y
Put both on the lease application and qualify them based on the same screening criteria and income qualification you apply to all your tenants.
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Bettina F.
Investor · Post Falls, ID · Member since 2016 · 606 posts · 699 votes
8y
Unmarried couples, as well as any roommate situation, is inherently risky. The romance goes south, and the tenants are not going to care if whose name is on the lease -- they will just ghost on you.. Also, in many states, all one partner has to do is claim domestic abuse and you MUST let her out of the lease.
All adults over 18 must be screened and on the lease. You might be able to look his criminal record up on-line in your state without his consent, but you cannot do a full credit/eviction check without his consent. Make him apply. Also, get a strong RoomMate Agreement that protects the LL's interest and make them sign this as an addendum to the lease/rental agreement.
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