I got the results back from a tenant background check. She is 28. Credit is perfect, but she's got four criminal results. 2 are from 6 years ago (marijuana/traffic), 1 is four years ago for $1,000 of property destruction, and 1 was last year for an "infraction". None of them led to conviction or even probation. It appears all charges were dropped. Also, I did meet/interview her face to face and she was lovely. The results are bothering me, but it could be because I have a clean criminal record and I guess I expect others to be clean as well. Honestly, I do feel like I'm being judgmental. My question is, regarding criminal background what's average for a good tenant?
Your responsibility as a landlord is to be judgemental. The purpose of screening is to find reasons to reject applicants not find reasons to accept.
You need to arrange a meeting with her if you are uncertain and put the question to her to explain her past infractions. She will most likely lie and if the lies are in the form of a sob story you can be certain she is not a good choice as a tenant.
When I screen and come across info as you have found I automatically reject the application. I do not waste my time trying to figure it out or find reasons to accept any applicant that is questionable. I always figure if a person is honest they would have informed me of what I would find in advance of screening. She obviously knows her past will be a problem and was hoping you would not adequately screen to find it. Much easier and safer to reject than take a risk. One year is too recent to ignore a infraction.
Your responsibility as a landlord is to be judgemental. The purpose of screening is to find reasons to reject applicants not find reasons to accept.
You need to arrange a meeting with her if you are uncertain and put the question to her to explain her past infractions. She will most likely lie and if the lies are in the form of a sob story you can be certain she is not a good choice as a tenant.
When I screen and come across info as you have found I automatically reject the application. I do not waste my time trying to figure it out or find reasons to accept any applicant that is questionable. I always figure if a person is honest they would have informed me of what I would find in advance of screening. She obviously knows her past will be a problem and was hoping you would not adequately screen to find it. Much easier and safer to reject than take a risk. One year is too recent to ignore a infraction.
Would you be comfortable if your property would be used for marijuana trafficking or if it would had damages for $1K (more than Sec dep?)?
If it's not a big deal then take her.
Tenants lie all the time, especially when they want to move in and they want it very bad.
When you're trying to get rid of them, they are suddenly not so sweet and nice
What the folks above said, but adding that the likely reason there was no conviction is because she has wealthy parents that pay for a very good attorney when she does wrong. This also leads to good manners, when she wants something, and no accountability for her errors, which will continue.
Expect her so be much more sneaky in growing her pot in your house and selling it, and destroying things when things do not go her way.
But, hey, selling pot is good business, so she likely will have money to pay her rent.
To play devil's advocate, this applicant is not a criminal because she has never been convicted of a crime ("innocent until proven guilty").
But where there's smoke, is there fire? That's a judgement call. Some people get turned down for a government job (Supreme Court justice, for example) even though they've never been charged with or convicted of a crime.
Some people learn their lesson and reform themselves after a few close calls, while others do not. What amount of risk are you willing to take?
For me, if I ever got into landlording, I'd delegate the job to my property manager whose decision would be final.
In low income housing, you're always going to be dealing with people who have backgrounds. But if you're looking for long-term tenants in low-income housing, as we do, it pays to look carefully at the situation.
This is where you really need to hit the social media sites, find her FB and find all her friends' FBs, Instagram, etc. You need to get to those court records and read them, as well as all her family's records. A fuller picture of this person's friends and family and the company she keeps is going to tell you more about who this person is.
This country makes a habit of hanging tags on people and calling them defective. It's paid well for us to look more carefully at the tags, especially when, as you indicate, the applicant has strong credit and a spotty petty criminal record with infractions exactly like the ones you mentioned. The girl's 28. When she was 22 she got busted with pot. When she was 24 she broke something. Last year, you know there was an "infraction." What is that? Did she park in the wrong place downtown?
This would be a flag to dig deeply for me. Granted, at 28 she's still a bit young to have fully learned from the school of hard knocks that a criminal record is going to keep her out of a lot of rental housing. I would also bring this up with her. See what she says. Ask for references. Call them up. Get the fullest picture you can.
It's not about conviction - I don't care about legal aspect of it.
Sometimes I turn down a prospect because their credit shows that they fail to pay for pizza delivery!(real case)
But I'll take any day someone who filed bankruptcy for medical bills - people not going to die because they were not able to pay $100K for a surgery.
That's why I meet every tenant and talk to them about everything: job, family, dogs, weather.....lol
I want to get their character and life in general.
I almost took application from a woman - she was nice and sweet and her income was sufficient with no evictions etc. During our talking she said she lives with her mom (+her son) and her major concern was where to store their bikes.
We left the house and she is waiting for Uber. I offered to give her a ride - just few min. During our conversation there was much more info to consider .......obviously not in her favor.
Her background check would be perfect as it was income......but she wouldn't make a long term Tenant anyway
If you doubt - trust your gut.....
@Diana Johnson In my opinion, the 4 arrest means one thing, she is not a stranger to being arrested. None of the arrest seem major. Being arrested for weed and traffic 6 years ago simply could mean she had a suspended license and a small amount of weed. In most states, 6 years ago it was a misdemeanor to possess even a gram of marijuana. The damage to property is a concern. It could have been an ex-boyfriend or argument with a enemy. Either way, if you are really considering her, ask her about it. All arrest are public record. Take the time to go to the local police department and view the arrest reports. That way, you are get a full picture. Otherwise, keep looking and cut your losses.
OJ was found not guilty of killing two people, nearly severing the head of his ex-wife. Lack of conviction doesn't mean I'd let him hang out with my family.
Your job is to be judgmental. The question is risk and I would say she's high risk with $1,000 worth of property destruction just four years ago. But I look at the whole picture. Does she have excellent credit? Good landlord references? Steady employment and at least 3x the rent?
Too many unknowns to make the call for you but I certainly wouldn't dismiss her criminal history.
Hi @Diana Johnson,
I would ONLY consider this if the property is in a low-income, high crime area with low rental rates. Not every property is going to be able to have the same standards. For example a property in a rougher area of town that rents for $600/month versus a SF home in a quiet suburban neighborhood that rents for $1450/month.
If your property is the latter, then PASS. 4 charges in 10 years is really not a good sign, and no conviction really doesn't matter. She sounds like she may be a good manipulative liar. Property destruction and a charge from 1 year ago are huge red flags.
-LK
This is where you really need to hit the social media sites, find her FB and find all her friends' FBs, Instagram, etc. You need to get to those court records and read them, as well as all her family's records. A fuller picture of this person's friends and family and the company she keeps is going to tell you more about who this person is.
Why waste your time when it is better spent simply moving on to the next applicant that does not have obvious red flags. A landlords time is not well spent finding reasons to accept unacceptable applicant's. We see this all the time on here with posts from inexperienced landlords. They should not be venturing into this territory since they do not have the skill set to safely do the job. They should always be rejecting questionable applicant's. They do not have the necessary skill sets to properly screen and must always fall on the side of caution.
When in doubt always reject.
@Diana Johnson. Unless your property is in a bad area and criminal records are par for the course, I would look for a better applicant. The destruction of property charge would worry me as a landlord. I also do not want smoking in my property so the marijuana charge is a little worrisome, although it was a while ago.
PASS!
@Thomas S.
Hello Thomas. When rejecting an application for a tenant, isn’t it required to tell them in writing why you rejected the application ?
I would not rent to someone with a history of property destruction. What do you think she’s going to do when you enforce the rules and make her mad? People who get arrested for things like that almost always have a bad temper.
This is where you really need to hit the social media sites, find her FB and find all her friends' FBs, Instagram, etc. You need to get to those court records and read them, as well as all her family's records. A fuller picture of this person's friends and family and the company she keeps is going to tell you more about who this person is.
Why waste your time when it is better spent simply moving on to the next applicant that does not have obvious red flags. A landlords time is not well spent finding reasons to accept unacceptable applicant's. We see this all the time on here with posts from inexperienced landlords. They should not be venturing into this territory since they do not have the skill set to safely do the job. They should always be rejecting questionable applicant's. They do not have the necessary skill sets to properly screen and must always fall on the side of caution.
When in doubt always reject.
See, this is always where we part ways, Thomas. Think this through. Be ruthless. A tenant with a criminal record is handicapped for life when it comes to rental housing. Not so much bad credit, but that record shuts a lot of doors in their face. This is more true now than it has ever been, thanks to the magic of massive public records databases. The game has changed. Ain't technology grand?
If you can sift through the dross and find the one or two gold nuggets hiding in the pan with problematic applicants, you have a tenant who is going to stay with you forever because they know their next lodging is a cardboard box if they screw up. THE RIGHT ONES HAVE ACCEPTED THEIR FATE, and are determined to break ways with their past life no matter what. There's a lot of people like this out there at low income levels whose record in our new computerized age has fully caught up with them, more than ever before.
Just as an employer, as a landlord you do not want tenants who are dealing with you from a position of strength, who can give you the finger and move on at any time. BUT THAT'S EXACTLY WHO YOU'RE TARGETING WITH YOUR SYSTEM. You're the business that keeps accepting overqualified applicants for key positions and keeps losing them to headhunters because they have so many options other than working for your stingy self.
So I guess my slumlord bonafides are now fully on disply with this post, but I'll continue treating my tenants like human resources to be fully exploited to the best of my abilities (just like a corporation), and you can keep on looking for exemplars of the finest past conduct to fill your vacancies (people whose next step is buying a house when they get sick of renting, with their good credit and excellent record), and we'll both do well in our market segments, you in your clean Canadian suburbs, me in my Rust Belt ghetto cesspits.
Frankly, if I had a tenant applicant show up with the kind of clean record you're looking for where I own low-income rental properties in the 'Burgh, I'd immediately suspect identity theft.
@Diana Johnson . Great question. Destruction of property would be my biggest red flag. You should ask her about it. And if possible, check with her previous landlords. Why is she moving to your place? How / why is she leaving the previous place? Is this type of record "typical" for this property? If this is "typical", then you just need to sort it out. if this is completely out of the norm, I would move on to the next applicant.
Good luck.
If you have to think about it, then the answer has to be "Don't."
And this thing with the $1000 property destruction...how many times have we seen landlords get on BP insisting that a tenant ruined, Just RUINED their property to the tune of thousands of dollars because they drew a smily face in new concrete or accidentally put a hole in some drywall moving out or maybe their dog scratched up a hardwood floor? Some of you who never troweled concrete or scooped JC out of a bucket or dipped a brush in a can of polyurethane act like your rental properties are harem virgins, and there are plenty of judges who don't know the first thing about property maintenance who are perfectly willing to back up any silly claim as long as a contractor submits an invoice.
You don't know what you don't know if you don't investigate.
@Diana Johnson - The only one that would concern me here is the property destruction charge. Have you asked her to explain this?
To me it says a few things
I usually overlook drug related offenses. But I steer clear of anger related issues. These people don't have control over their actions and emotions, which turns into a long, expensive headache for you.
I hope this works out for you! Good luck!
i would certainly look into that past criminal history but I wouldn’t necessarily just pass on the person . Atleast hear her out and then make the call . In low income areas everyone *has a past so you’d be hard pressed to ever get a tenant at all .. heck we ALL have things we’ve done that we are ashamed of or regret in our younger days . I know I do ! If she lies about it then I definitely would pass on her, but if she admits her past foolish ways and has all appearance of current responsible behaviors and succeeding in life then what more do you want ? People screw up . Some folks had really nasty childhoods and family lives that resulted in poor choices from the teenage years into their twenties . I would fall into that category . The bigger concern i take umbrage with is Nathan G thinking OJ was guilty ! ( that glove didn’t fit) next he will say Michael Jackson was dangerous around kids lol
One clarification here in MA the charges are above and below a certain amount for property destruction or theft so it should say above or below $1000. If it is less then $1000 you have no idea what they were accused of. Frankly any non-conviction you don't know what happened or if the state could prove the case. All you know is someone accused her of destroying something they claimed was a certain value. There are a lot of deadbeats that don't even get accused because you can't get names and DOB and it is useless to file police reports without them.
That said what does your application ask and how did she answer? If it asks for convictions and she said no then I would ask her about the charges, if your application asks for charges and she said no then I would turn her down as she was not truthful. Depending on your area and other parts of her application you can make a decision. If the "infraction" is a traffic offense I don't even consider traffic offenses.
I would reject this tenant because two of the infractions are recent. And four total shows a pattern of disrespecting the law. We're not perfect and she's not necessarily a bad person. But this is a business decision.
Once you have the analytical data, and if you are still on the fence with your decision - - then go with your gut feeling. Don't just say "Ok" to this tenant. Keep it vacant another month and shop for someone a bit better.
@Diana Johnson don’t judge her by that because wrong decisions don’t make who she is as a person and also the charges were dropped. I am not saying not to be mindful and evaluate the tenant accordingly but everyone deserves a chance