Inheriting a "sexually violent predator against children" tenant
Rental Property Investor · Bloomington, IN · Member since 2018 · 70 posts · 78 votes
Inheriting a "sexually violent predator against children" tenant
Most Popular Reply
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
8yLeave him in place unless you have a justifiable reason to terminate the lease early. Notify him as soon as possible that you will not renew his lease because you are planning "improvements" to the unit. Of course, the improvement is getting rid of the sex offender. If he offers to leave early, let him go without penalty and move on.
The DIY Landlord Book4.7245 Reviews
73 Replies
- Member since 2018 · 1k+ posts · 1k+ votes8y
Go to a lawyer and find out what a landlord's liability is to third parties should a known, repeat, sex offender tenant commit another offense on the landlord's property. That in turn may give you an out for the purchase of the property. (If, for example, it was peddled to you as having no restrictions on leasing, but now you can't rent to families with kids because they'd be too close to Chester the Molester). I dunno. Talk to the lawyers.
Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed. Find out the details from him and from the police. People deserve a second chance, and that's a reason why he was not given the death penalty..
If we all chase him out and make him jobless and homeless, is this a better situation for society?
Obviously this is a major headache, but if you can't stomach it, better back out of the deal. Even if he turns out to be the best tenant ever, his presence will limit your potential tenants for the other units.
I think there are 2 options - either get more info and develop a strategy or back out of deal.
Good questions and answers here. If I am ever in the position of buying tenant occupied property, I will make sure that I have a period to perform due diligence on the tenants and if the tenants are unacceptable to me I have the right to cancel the Buy and Sell Agreement.
- Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes8y
There are rules established that he has to follow. I would start by looking those up. Any violations should be reported. Is your unit near a school? There is most likely a rule about how close he can live to a school. Find out what the rule is about other units having children. Is he grandfathered in if he is there first?
Also, establish your policies for Tenants. Do you take felons? If not, then come renewal time, it is a simple decline based on your rental policies.
Offering him money to move may work, but he may not take it if his options are limited.
The goal is to remain respectful and not harrass him while you are trying to manage his tenancy. While he is not a protected class as a convicted predator, he still has the right to peaceful habitation.
- Member since 2018 · 1k+ posts · 1k+ votes8y
"Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed."
-------------------
You missed the words "repeat offender." If he offended 20 years ago and is still on the list, that tells me the crimeS were heinous. Check out landlord's liability and whether an undisclosed defect/risk in the purchase contract, or tenant estoppel letters, or whatever, let the buyer out. What part of c-o-n-s-u-l-t t-w-o l-a-w-y-e-r-s, one each in criminal/tort law and the other in property law, does anyone on this forum not understand?
I might be kind of naively biased on this because I volunteer in prisons regularly, mostly with men, and I've worked with a ton of criminals, including those of sex crimes.
Personally, I'd be more concerned with how he is as a tenant. Does he pay on time every month? Is he pleasant to deal with? Other than him being a sex offender, what are his other traits as a tenant? If he's been in there for 5 years, he obviously hasn't recommitted recently. And if he does go to jail, how does that work if he's no longer present to pay rent? (I actually don't know that answer).
I think the focus needs to be on the facts and the logistics, not on personal opinion about him or his crime(s). So, what are the facts and logistics about this? What are the specific risks in having him there?
If people's posts about getting him out are just because they think he's a pervert or a bad human being, that's just nauseating. I don't condone his crimes, but if he's okay and fully functioning right now and paying rent and maybe even a nice guy, then kicking him out would just be ridiculous. Unless there's some logistical problem(s) that someone can specify.
As others have noted, he has been a tenant for 5 years. Leave him alone and give notice prior to the end of his lease that you will not be renewing.
It isn't a problem until it's a problem and even then it is not your problem since you did not initially rent to him.
- Rental Property Investor · Bloomington, IN · Member since 2018 · 70 posts · 78 votes8y
Thank you all for continuing to add such thoughtful responses and ideas. For what it’s worth, this guy served 5 years of a 15 year sentence Beginning back in ‘97. Then he reoffended and got another 2 years and got out in ‘16. The owner had originally said he’d been there 5 years but in reality it’s only been 1.5 years.
- @Jim Adrian In my opinion a person that rapes or molests an innocent child, should be living in a place 6 feet under. Some things are way more important than money, and this is one. I would either get out of the deal or might just go through with the deal only cause I would make it my personal mission to get rid of this guy.
- Rental Property Investor · Higginson, AR · Member since 2015 · 123 posts · 101 votes8y
lack of disclosure by the seller , should be your out!
- San Antonio, TX · Member since 2018 · 25 posts · 12 votes8y
To me, it depends on the location and the type of place you have. I think it's ok to think that it's an awful heinous crime, and still rent to them if it's an appropriate place (no kids, schools, parks, etc.)
Kicking him out and having him move a block away doesn't necessarily make anyone safer, or mean that you do or don't care about kids.That said, I'm sure these folks find it extremely difficult to find places to rent, so he might be a good grateful tenant if you let him stay.
- Member since 2018 · 5 posts · 3 votes8y
People are being a bit hysterical about this, and if it's an otherwise good deal it's not worth throwing away over. If your plan is to upgrade the triplex and get a better caliber of tenant in there, well, a registered sex offender might scare folks away if they hear about it.
I agree with the idea of letting him know sooner rather than later he's going to be out at the end of his lease for "renovations", and if he needs to break the lease to find new housing, well, you're such nice people you'd let him do it.
- 8yAwais SheikhPro MemberSan Antonio, TX · Member since 2018 · 28 posts · 7 votes
Originally posted by @Brook Rieman:
Thank you all for continuing to add such thoughtful responses and ideas. For what it’s worth, this guy served 5 years of a 15 year sentence Beginning back in ‘97. Then he reoffended and got another 2 years and got out in ‘16. The owner had originally said he’d been there 5 years but in reality it’s only been 1.5 years.
Well, there you go. They lied on their disclosure. You can walk out of that deal with your ernest money.
If you still want to keep it, well, like others have advised, Id not renew it come August, that you are improving the units as the lease ends.
Good Luck.
Let us know what you finally decide and why.
- Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes8y
I know I am old, bitter, and jaded. BUT I really do not understand the basic premise that cause people to think small distant requirements make people safe from people who have committed crimes.
First. He has legs. He can walk.
Second. He probably has a car. He can drive.
Of course, I do not even believe in sex offender registries because we do not have murderer registries or robber registries.
For those that have assumed he is violating some kind of rule or law because he lives there, it is extremely unlikely.
People should also be aware convicted felons live in all kinds of neighborhoods.
- Catskill, NY · Member since 2018 · 636 posts · 668 votes8y
Originally posted by @Vinay H.:
Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed. Find out the details from him and from the police. People deserve a second chance, and that's a reason why he was not given the death penalty..
If we all chase him out and make him jobless and homeless, is this a better situation for society?
Obviously this is a major headache, but if you can't stomach it, better back out of the deal. Even if he turns out to be the best tenant ever, his presence will limit your potential tenants for the other units.
I think there are 2 options - either get more info and develop a strategy or back out of deal.
I like to think that people can change as well. However, in my sociology class in college, my professor said that most sex offenders WANT to stay in jail because they know they will do it again if they are let out. I never confirmed this with anymore research, but with the amount of repeat offenders out there, it seems like it could be true.
I'm not a lawyer, but I don't see how the property owner could be held accountable should he offend again. As stated, he has legs and probably a car, it doesn't matter where he lives. I just personally couldn't rent to him.
- Rental Property Investor · Bloomington, IN · Member since 2018 · 70 posts · 78 votes8y
Update: We have requested a mutual release of contract due to fears for my and my children’s safety since I am the property manager and complete most small repairs myself having my child with me. Also citing the fact that after contract we found out that the current lease is so vague it does not even state a rent due date, late fee, condition to keep apartment in, etc. Also no deposits. We shall she if she lets us walk away. I hear what many of you are saying about us being too sensitive and that we will deal with things like this if we are landlords. I hear you, however, this is our very first property doing long-term rental and if we can move onto a deal that feels less icky as a way to start off, I would prefer it. We might not have a choice at this point, we will see.
- Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes8y
Originally posted by @David H.:
@Jim AdrianIn my opinion a person that rapes or molests an innocent child, should be living in a place 6 feet under. Some things are way more important than money, and this is one.
I would either get out of the deal or might just go through with the deal only cause I would make it my personal mission to get rid of this guy.
Like is said... research what he did and get the specifics details of their case first before jumping to the extreme conclusion. I do believe not everyone should be on the that list forever but some do and some 6 ft under. Unfortunately once you are on the list your are stuck on it forever now that they changed the laws.
Although I understand many of the points about "he may be completely safe and a good tenant", the bottom line for me is that at the end of the day, I don't want people like this associated with my life in any way shape or form..... don't need the anxiety or stress....
If someone else wants to be the saint and help this guy out, then that's your choice and more power to you..... for people like this, that just isn't me....I don't want to have anything to do with you.... not on a personal or professional level.... you can be someone else's problem
Its one thing to have a criminal record and throw them some sympathy and help them out....for me its a whole other deal to give someone the benefit of the doubt and help them out when they are a repeat child sex offender. You will get ZERO sympathy from me....not a chance.
Personally I ride the seller hard on getting the price down....real hard....use this as big time leverage. Not going to walk away from the deal without pressing hard. If I can still get a good deal, I still buy and I don't renew and he's gone.
Originally posted by @Chris Szepessy:
Originally posted by @Vinay H.:
Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed. Find out the details from him and from the police. People deserve a second chance, and that's a reason why he was not given the death penalty..
If we all chase him out and make him jobless and homeless, is this a better situation for society?
Obviously this is a major headache, but if you can't stomach it, better back out of the deal. Even if he turns out to be the best tenant ever, his presence will limit your potential tenants for the other units.
I think there are 2 options - either get more info and develop a strategy or back out of deal.
I like to think that people can change as well. However, in my sociology class in college, my professor said that most sex offenders WANT to stay in jail because they know they will do it again if they are let out. I never confirmed this with anymore research, but with the amount of repeat offenders out there, it seems like it could be true.
I'm not a lawyer, but I don't see how the property owner could be held accountable should he offend again. As stated, he has legs and probably a car, it doesn't matter where he lives. I just personally couldn't rent to him.
I can actually tell you that statistical facts show sex offenders to be one of the lowest percentages of recidivists of any crime. My uncle has worked in the court systems and in general as a psychologist with sex offenders and people with sexually deviant behaviors most of his career (30+ years). He is very highly regarded in this field. Now, obviously, this person DID re-offend and it was a violent act as well, and that is sad, awful, etc. 100%. I truly hope the victim is alright. But, they do not wish to stay in prison because they "know" they will do it again when they get out. Prison is the worst place for a sex offender. Also, most sex offenders are one time offenders with no actual sexual attraction to children in general and these days a large number of sex offenders did not even offend a minor. The more they are alienated from society the more likely they are to re-offend again because anyone that is alienated does not fare well in the long run and their "demons" have a much higher chance of showing their faces again. I know this part of my response will be pretty unpopular but I just wanted to put it out there.
But, on the business end of things, I can 100% understand not renting to the person because it makes your multi-plex much less attractive to potential/current tenants in the other units. So I do understand now wanting them to be a tenant and also the fear for the OP in regards to having her daughter with her when performing repairs. I just wanted to make sure to correct that specific statement. Sadly, that professor was grossly inaccurate in their statement.
- Catskill, NY · Member since 2018 · 636 posts · 668 votes8y
Originally posted by @Daniel R.:
Originally posted by @Chris Szepessy:
Originally posted by @Vinay H.:
Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed. Find out the details from him and from the police. People deserve a second chance, and that's a reason why he was not given the death penalty..
If we all chase him out and make him jobless and homeless, is this a better situation for society?
Obviously this is a major headache, but if you can't stomach it, better back out of the deal. Even if he turns out to be the best tenant ever, his presence will limit your potential tenants for the other units.
I think there are 2 options - either get more info and develop a strategy or back out of deal.
I like to think that people can change as well. However, in my sociology class in college, my professor said that most sex offenders WANT to stay in jail because they know they will do it again if they are let out. I never confirmed this with anymore research, but with the amount of repeat offenders out there, it seems like it could be true.
I'm not a lawyer, but I don't see how the property owner could be held accountable should he offend again. As stated, he has legs and probably a car, it doesn't matter where he lives. I just personally couldn't rent to him.
I can actually tell you that statistical facts show sex offenders to be one of the lowest percentages of recidivists of any crime. My uncle has worked in the court systems and in general as a psychologist with sex offenders and people with sexually deviant behaviors most of his career (30+ years). He is very highly regarded in this field. Now, obviously, this person DID re-offend and it was a violent act as well, and that is sad, awful, etc. 100%. I truly hope the victim is alright. But, they do not wish to stay in prison because they "know" they will do it again when they get out. Prison is the worst place for a sex offender. Also, most sex offenders are one time offenders with no actual sexual attraction to children in general and these days a large number of sex offenders did not even offend a minor. The more they are alienated from society the more likely they are to re-offend again because anyone that is alienated does not fare well in the long run and their "demons" have a much higher chance of showing their faces again. I know this part of my response will be pretty unpopular but I just wanted to put it out there.
But, on the business end of things, I can 100% understand not renting to the person because it makes your multi-plex much less attractive to potential/current tenants in the other units. So I do understand now wanting them to be a tenant and also the fear for the OP in regards to having her daughter with her when performing repairs. I just wanted to make sure to correct that specific statement. Sadly, that professor was grossly inaccurate in their statement.
Thanks for the clarification. Like I said, I never followed up with anymore research and just assumed she was correct (since she was my professor). I don't know where she got the statistic or how it even came up in the discussion we were having.
- Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes8y
If I were you I would back out of the deal. No deal is worth you losing sleep over or being stressed about something you can't control.
- Rental Property Investor · Bloomington, IN · Member since 2018 · 70 posts · 78 votes8y
Hey all, I wanted to give a final update that we were able to get the sellers to let us out if the contract to purchase, so on to the next deal! You bet I will be checking the sex offender registry next time.
- Member since 2018 · 8 posts · 0 votes8y
I am Derek Logue, Founder of the site OnceFallen, an advocacy and support site to assist those forced to register, as well as a nationally recognized expert on this topic, and I'm quite frankly shocked and appalled at the disgusting comments on this thread. You folks are in serious need of an education.
First off, don't confuse the registry with parole. In Indiana, residency restrictions are only applicable as parole conditions, and all housing for those under supervision has to be approved by the PO before one can even move into a residence, so it is obvious he is there legally.
Second, if this person was a problem tenant, then he would not have lasted 5 years. I know not just from first hand experience that those on the registry are the type to pay rent on time and maintain a low profile, unlike the dope boys and thugs you'll rent to in your little C and D rank properties. They're also most likely to keep their places clean.
Third, if I found out that you were trying to charge me more rent than another tenant, I'd sue you. You have more money to lose than I do, and I could draft a decent enough argument to make the case very difficult. I'd gladly advise other registered persons to do the same.Fourth, it seems that some of you people get your talking points from SVU reruns or Nancy Grace type shows. Real life isn't TV. People convicted of sex crimes have the lowest rate of recidivism by far (less than 1% annually); the lie that "sex offenders can't be cured" is not based on any fact at all. Stranger Danger is old hat, even the NCMEC advises people NOT to teach stranger danger any more. Most sex crimes are committed by those not on any registry. Geez, does anyone research any more?
I am glad Brook backed out of that deal. It sickens me to know she was going to uproot this guy after five years of no problems just because she has a personal animus based upon fearmongering. I would not rent from any of you people, and I'm glad there are some who don't believe the nonsense spewed by the media and victim rights' groups. You fail to consider you are dealing with human beings. If any of you have a problem with my words, then too bad.
- Member since 2018 · 8 posts · 0 votes8y
Originally posted by @Vinay H.:
Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed. Find out the details from him and from the police. People deserve a second chance, and that's a reason why he was not given the death penalty..
If we all chase him out and make him jobless and homeless, is this a better situation for society?
Obviously this is a major headache, but if you can't stomach it, better back out of the deal. Even if he turns out to be the best tenant ever, his presence will limit your potential tenants for the other units.
I think there are 2 options - either get more info and develop a strategy or back out of deal.
OK at least one person here gets it.
- Member since 2018 · 8 posts · 0 votes8y
Originally posted by @John Clark:
"Before we get pitchforks and lynch mobs, possibly there is a need to talk to the local police to find out about the situation. Maybe he committed the crime 20 years ago and is now reformed."
-------------------
You missed the words "repeat offender." If he offended 20 years ago and is still on the list, that tells me the crimeS were heinous. Check out landlord's liability and whether an undisclosed defect/risk in the purchase contract, or tenant estoppel letters, or whatever, let the buyer out. What part of c-o-n-s-u-l-t t-w-o l-a-w-y-e-r-s, one each in criminal/tort law and the other in property law, does anyone on this forum not understand?
You don't understand ANYTHING about the registry. The registry is an arbitrary list with different states making different standards. Length of registration is arbitrary. Many states force ALL registrants to register for life.
You based your assumptions this person is a "repeat offender" because of the length of time the tenant was on the list? That's not how the registry works. Some states do risk assessments and some simply go by the charge. Either way, one can get a lifetime registration status regardless of number of offenses, so a person can register 25 years or for life only committing one offense.
Join the conversationCreate a free account to reply, vote on answers and follow this thread.