Applicant with Marijuana conviction from 7 years ago.

Property Manager · New York, NY · Member since 2016 · 388 posts · 90 votes

Hi all , Would you take someone from Marijuana conviction from 7 years ago as tenant ? When they say Marijuana conviction means he smoke marijuana or could mean he was selling it? Is easy to get rid of marijuana smell in the house if he smokes again? Thanks

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Russell BrazilBusiness Member

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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes

Id ask if they were still smoking it, and if they were if they would be willing to share it.

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Account Closed
Greenville, SC · Member since 2017 · 15 posts · 8 votes
8y
Its not crack. lol. I probably would. Depending on how old they were when they got it. Do they take care of their car? If their car is a mess then you better believe they will leave your rental a mess. As far as the smell,,,,,,
3 Reply
Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
8y
I like the car analogy.. is legal in many states so whats the issue ? tabacco is much worse on a rental.
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Jonathan Halliwell
St. Louis, MO · Member since 2016 · 6 posts · 4 votes
8y
A misdemeanor conviction for marijuana? 7 years ago? You are considering not renting to this person? Yeah. You might be being a little strict on this one. By the time his lease is up it will likely be legal in North Carolina anyway.
1 Reply
Raquel D.
Investor · Shakopee, MN · Member since 2017 · 102 posts · 60 votes
8y
I live in one of those states where marijuana is very openly used, and I will say that the smell doesn’t generally linger. It’s the plant (flowers) themselves that are really pungent, so if people don’t store it (or the used burnt bits) in a closed container, the smell from that is noticeable. Similarly while it’s being smoked it’s pretty strong — but once it’s done, the smell disappears sooner rather than later. If someone smoked pot in the rental on occasion, then the old smoke smell wouldn’t cling (unlike cigarettes, where if someone smoked a single cigarette inside, people may smell it for days). If I walk into a home and smell pot, it means someone just smoked it and/or there’s an open flower/burnt bits/ash somewhere. It wouldn’t be from, say, a joint smoked 3-4 hours earlier.
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JingJing He
Hayward, CA · Member since 2017 · 91 posts · 40 votes
8y
Agree with what others had said. If income and credit looks good and no prior eviction, give people a chance. I can’t tell you how many college friends I know smoked pot and some still do. And now smoking pot is legal in California. You can add a clause in lease to say no smoking allow.
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Account Closed
Fort Collins, CO · Member since 2017 · 110 posts · 69 votes
8y
If I were in your shoes I would not even consider that a factor, especially if the prospective tenant is under 30 years old and got charged when they were young. Everybody makes mistakes. Maybe its because I live in Colorado, but I think it is stupid to put a person in a cage for smoking a plant.
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Randy E.
Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes
8y
Originally posted by @Account Closed:
If I were in your shoes I would not even consider that a factor, especially if the prospective tenant is under 30 years old and got charged when they were young. Everybody makes mistakes. Maybe its because I live in Colorado, but I think it is stupid to put a person in a cage for smoking a plant.
Not saying I necessarily disagree with the idea of being lenient on this, but let's remember "smoking a plant" isn't really a reason to be lenient. Cocaine and Heroin both come from plants. You're not doing your argument for being lenient on marijuana users any justice by saying landlords should also be lenient when it comes to allowing applicants with convictions for any drug that comes from a plant.
I'm just sayin'
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Amy Beth
Rental Property Investor · Edison, NJ · Member since 2016 · 753 posts · 565 votes
8y
I would find out exactly what the conviction and the charges were. There is a huge difference between being arrested for having a small amount in his or her pocket for personal use and being caught with large quantities and likely selling or producing it. The age would also matter to me. Assuming it was a small amount of it for personal use and the person is young I may consider them if they have a perfect rental history and are employed with decent credit. If the person is older I would assume they still smoke regularly and I would not want that in my rental.
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Colleen F.Pro Member
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
8y
I wouldnt let this be a barrier however if you have a nonsmoking place I would make that clear. The smell although not as unpleasant as cigarettes lingers. If you have carpet or drapes that is particularily true.
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Brad Carrier
Lexington, MI · Member since 2014 · 92 posts · 29 votes
8y
I'd ask about it. I've seen grow rooms really destroy drywall and floors from the humidity.
On the other hand d if the guy smokes a joint after work now and then who cares?
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8y
The conviction is seven years old! If the individual has a clean history for the past seven years then I would rent to them.
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Trip Guinan
Investor · St Petersburg, FL · Member since 2017 · 22 posts · 12 votes
8y
This is a tricky one and we had the exact same situation a few years ago. In hindsight it was a very bad move for us as it should have been a red flag suggesting a moral character flaw. Their version of priorities were different than ours and what the lease stated. They did not smoke in the home but had other problems that led to an eviction. In FL, smoking pot is still illegal and you should handle that firmly in your situation.
1 Reply
Ross Denman
Real Estate Consultant · Whitestown, IN · Member since 2014 · 547 posts · 933 votes
8y
Here's my thoughts on the matter. First, we manage a few rentals where almost anyone who applies for that home has some kind of criminal history. If you are in lower income/higher crime areas, you may find that you have to pick from the best of what you can get. I prefer to stay out of these areas, but we do manage a few regardless.
If you are not in one of those areas, you can stall the initial applicant for a couple of days, try to continue to take applications and pick the best one.
Regarding the marijuana/criminal history debate,is concerned, every state varies in criminal charges. In indiana, possession is just a misdemeanor, dealing is a felony. Sometimes possessing larger quantities and other paraphernalia (scales, baggies, etc.) is enough to get intent to distribute charges which is a felony. We don't usually rule people out over misdemeanors. We take it in to consideration, but misdemeanors are not too concerning. If you are dealing with someone who has had previous dealing charges, that is more to consider.
Also, just because the crime was committed 7 years ago, doesn't mean that he didn't just get out of prison (probably not on a marijuana charge though.) I am more interested in knowing how long they have been back home without having any trouble. Many people with felonious criminal history don't last long after getting released. If they have been back in society for seven years with no problems, it is likely that they are not overly problematic, but having a conviction 7 years ago could mean that they just got released from a 14 year prison sentence. I don't want to be the person that takes the chance on placing them in one of our rental homes.
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Cara Lonsdale
Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
8y
I think the eye is sufficiently off the ball....
The point here is the conviction, not what it was for. You have to rely on your policies in place. Do you accept convicts to apply and rent your properties? If so, then this should be no different.
If you do not take convicts, then this is a simple answer...NO.
Once you start looking at the crime, and making judgments, you leave yourself open to that one person you say "no" to that turns around and sues you for discrimination because they happen to be a protected class, and you have a history of selective enforcement that they will argue was pointed at them because of their protected class.
Next you'll have a sex offender who claims he was just peeing in public near a school....and the list goes on. Are you going to hear out all of these cases and make case by case decisions?
My suggestion.... come up with a policy (whatever it is), and follow it every time. That makes it easy when issues like this come up. You aren't faced with that dilema.
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Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
8y
Id ask if they were still smoking it, and if they were if they would be willing to share it.
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Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
8y
I agree with @Cara Lonsdale on this one.
Make a policy and stick with it. If your policy is "nobody who ever was convicted of anything ever" then OK. Stick with it. If it is no felonies in last X years and no misdemeanors in last Y years then so be it. Selectively deciding when and where to enforce your criteria is just asking for trouble.
Good Luck!
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Account Closed
Medford, OR · Member since 2016 · 114 posts · 70 votes
8y
I would find out if they jaywalk, that is a way more serious offense.
1 Reply
Eric G.
Honolulu, HI · Member since 2017 · 85 posts · 73 votes
8y
Originally posted by @Cara Lonsdale:

I think the eye is sufficiently off the ball....
The point here is the conviction, not what it was for. You have to rely on your policies in place. Do you accept convicts to apply and rent your properties? If so, then this should be no different.
If you do not take convicts, then this is a simple answer...NO.
Once you start looking at the crime, and making judgments, you leave yourself open to that one person you say "no" to that turns around and sues you for discrimination because they happen to be a protected class, and you have a history of selective enforcement that they will argue was pointed at them because of their protected class.
Next you'll have a sex offender who claims he was just peeing in public near a school....and the list goes on. Are you going to hear out all of these cases and make case by case decisions?
My suggestion.... come up with a policy (whatever it is), and follow it every time. That makes it easy when issues like this come up. You aren't faced with that dilema.
"Are you going to hear out all of these cases and make a case by case decisions"?
....................YES!!
  I understand your point, but being convicted of malicious aggravated assault is much different than being convicted of minor marijuana possession. I mean, what type of drug conviction are we talking about here? Is this a small possession by a potentially (petty) Police Officer 7 years ago or are we talking about someone running an absolute grow shop out manufacturing and distributing out of their residence? I feel that's a HUGE difference and yes I do think you should (WITHIN REASON) make case by case decisions.
0 Reply
Cara Lonsdale
Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
8y
Originally posted by @Eric G.:

Originally posted by @Cara Lonsdale:
I think the eye is sufficiently off the ball....
The point here is the conviction, not what it was for. You have to rely on your policies in place. Do you accept convicts to apply and rent your properties? If so, then this should be no different.
If you do not take convicts, then this is a simple answer...NO.
Once you start looking at the crime, and making judgments, you leave yourself open to that one person you say "no" to that turns around and sues you for discrimination because they happen to be a protected class, and you have a history of selective enforcement that they will argue was pointed at them because of their protected class.
Next you'll have a sex offender who claims he was just peeing in public near a school....and the list goes on. Are you going to hear out all of these cases and make case by case decisions?
My suggestion.... come up with a policy (whatever it is), and follow it every time. That makes it easy when issues like this come up. You aren't faced with that dilema.
"Are you going to hear out all of these cases and make a case by case decisions"?
....................YES!!
  I understand your point, but being convicted of malicious aggravated assault is much different than being convicted of minor marijuana possession. I mean, what type of drug conviction are we talking about here? Is this a small possession by a potentially (petty) Police Officer 7 years ago or are we talking about someone running an absolute grow shop out manufacturing and distributing out of their residence? I feel that's a HUGE difference and yes I do think you should (WITHIN REASON) make case by case decisions.
Great. So that is YOUR policy....Case by case basis. I am not arguing either way. My point was that you should have a policy in place and then stick to it....whatever the policy is.
2 Reply
Mike CumbieBusiness Member
REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
8y
@Eric G.
Case by case decisions are what will get you in a world of trouble in regards to fair housing. Make a policy and stick with it. If you want to say no violent felony convictions ever and no felony convictions over 5 years fine, it's a policy that treats all renters the same without regards to protected classes. When someone comes in with a conviction at 4 years and 11 months, you say "sorry come see me in a month". If you want to declare that you will not be counting marijuana offences as a negative that is up to you.
Her point being make a policy and stick with it. Choosing when and where to enforce your criteria is how you end up standing in front of some federal official answering why "You allowed this (insert non protected class) with a drug conviction to rent and not this (insert protected class) with a drug conviction to rent". "Our policy states no felonies less than 5 years and marijuana convictions are not counted....." is a much better answer than "Well (insert non protected class person) looked like a good enough guy and I didn't think his drug conviction was as bad as (insert protected class)'s was".
1 Reply
Eric G.
Honolulu, HI · Member since 2017 · 85 posts · 73 votes
8y
Originally posted by @Mike Cumbie:
@Eric G.
Case by case decisions are what will get you in a world of trouble in regards to fair housing. Make a policy and stick with it. If you want to say no violent felony convictions ever and no felony convictions over 5 years fine, it's a policy that treats all renters the same without regards to protected classes. When someone comes in with a conviction at 4 years and 11 months, you say "sorry come see me in a month". If you want to declare that you will not be counting marijuana offences as a negative that is up to you.
Her point being make a policy and stick with it. Choosing when and where to enforce your criteria is how you end up standing in front of some federal official answering why "You allowed this (insert non protected class) with a drug conviction to rent and not this (insert protected class) with a drug conviction to rent". "Our policy states no felonies less than 5 years and marijuana convictions are not counted....." is a much better answer than "Well (insert non protected class person) looked like a good enough guy and I didn't think his drug conviction was as bad as (insert protected class)'s was".
Mike, I understand that, no one is debating whether or not to have a policy. When we are comparing sex offenders to marijuana convictions which are essentially night and day (for most states - Misdemeanor vs. Felony) and may not even be convictions in some states that's a bit broad.
0 Reply
Michael Guzik
Real Estate Agent · San Antonio, TX · Member since 2017 · 523 posts · 362 votes
8y
@Liz C. That's a very good question I don't think many people in this conversation have actually been around weed before because it does stink and the smell does linger. I am 20 and almost all my friends do it(I don't because I believe it's unhealthy, stupid and a waste of money) and their apartments, clothes and cars smell like sh*t. It smells like a skunk smell, granted the smell depends on the quality of weed, but they are usually always having to spray cologne, or febreze on everything and it makes me gag. I would still screen them like you would anyone else and see how their credit, income and background looks. People do change but I would really just trust your gut on this one. If it doesn't feel right or you don't like it then I wouldn't do it. We have accepted two applicants in a similar situation and regretted it both times. One of them we had to evict because they had moved into hard core drugs. I personally believe that it really is a gateway drug and I don't care what anyone says or tries to make you believe, smoking anything isn't healthy. Usually people that do so aren't the very smart, honest and morally sound. Only the really stupid ones get caught so I would be very careful and really do your due diligence on him. You also need to consider your other tenants on the property what will they think? What will they say? What will accepting him say about you as a landlord? This is a slippery slope, have a clearly defined criteria and stick to it. Good luck!
3 Reply
Mitch Coluzzi
Investor · Des Moines, IA · Member since 2014 · 238 posts · 230 votes
8y
A few folks hit the nail on the head. You really need to DEFINE A POLICY and stick to it. We utilize a MATRIX for approval with a few automatic disqualifiers. Below is the phrasing of our written policy. Set a standard and stick to it. Clean criminal history is always the golden standard but you should look at the OVERALL strength of the applicant. A 7 year old misdemeanor possession charge is not a big deal, assuming everything else checks out alright.
2 Reply
Liz C.
OP
Property Manager · New York, NY · Member since 2016 · 388 posts · 90 votes
8y
So what we find out is he got arrested by possession of marijuana over one lbs. It was over a the misdemeanor amount, more than a pound. No sure how much is more than one lbs. does this make him dealer or just smoker? Will back ground Check show that? Thanks
0 Reply
Liz C.
OP
Property Manager · New York, NY · Member since 2016 · 388 posts · 90 votes
8y
Also he has hepatitis last year some medication put him not able to work but he is recovered now and back to work again. ( there was late payment show on last few month of 2017 because of that particular medical condition. What do you guys think of that matter? Thanks
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