Renting to undocumented immigrants

Renting to undocumented immigrants

Rental Property Investor · Member since 2019 · 4 posts · 0 votes

Hi everyone. My husband and I are under contract for a duplex- our first investment property! 🎉 We plan to house hack, live in one side and rent out the other. One side is currently empty and the other has tenants who have been living in there for the last 5 years. They have a lease agreement that is year to year, it is up end of January, 2020. I met them during the inspection. They are extremely nice. Have been very helpful with allowing us to inspect, answering all our questions, and have taken very good care of their side of the property. We don’t want to lose them, and I can tell they would love to stay. However, I am concerned for a couple different reasons. They are way under paying. Current rent in that area I have seen is at least $1200 a month. They are paying $780. My husband and I talked and we decided we rather not charge as much as we could be to keep them there. Once this lease is up we were planning on asking $950 a month. I realize this is a large jump for most people to have to suddenly pay for rent. But I also know they won’t find a better deal. Anyone’s thoughts on that? But I am also wondering about renting to undocumented immigrants. Should I be concerned as far as our protection goes? I know legally we can have a lease agreement with them and I hope they can continue to be good tenants for us as they have been for the passed 5 years but what are the cons? Is it a bad idea to lease to undocumented immigrants as far as our protection? Has anyone been in a similar situation? How has it worked out for you?

Thank you in advance to your replies!

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Rental Property Investor · San Diego, CA · Member since 2013 · 3k+ posts · 4k+ votes
7y

As much as I’m against illegal immigration, I don’t mind renting to them. Just like I wouldn’t mind selling them a sandwich if they came in my deli. 

The government doesn’t pay me to be an INS agent. It’s their l job to keep people from coming in illegally. Or removing people here illegally.  But so long as they’re here I’m going to treat them the way I would anyone else. 

(Side note: I think we need more immigration. But it needs to be legal. For the benefit of the country and those immigrating. I wish the media wouldn’t try so hard to intentionally conflate being against illegal immigration with being “anti immigrant”. It’s really quit disgusting)

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  • Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    @Jessica Natvig Raising rents is a common practice, I've heard landlords not renewing leases for tenants living on properties for 20 years. It's all part of the industry.  For the undocumented immigrants, well...I can say that hasn't happened to me. My intuition says to find a new tenant and make the extra money.

  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    Regulations regarding housing for undocumented immigrants vary state to state. I suggest reviewing information for your state before deciding on a course of action. For example, in California it is illegal for a property manager/landlord to even ask about a potential tenant's immigration status. In addition, federal housing laws do not distinguish between illegal or legal immigrants from housing discrimination.

    That said, I believe many will argue that raising rent to or just below market is a good long term strategy since you would be losing out on potential rental income otherwise. Some will argue that a great long-term tenant is worth a loss of some potential income, so that is up to your best judgement. But I don't believe many will agree that charging about 20% less rent than market forever is a good option, though.

  • Rental Property Investor · San Diego, CA · Member since 2013 · 3k+ posts · 4k+ votes
    7y

    As much as I’m against illegal immigration, I don’t mind renting to them. Just like I wouldn’t mind selling them a sandwich if they came in my deli. 

    The government doesn’t pay me to be an INS agent. It’s their l job to keep people from coming in illegally. Or removing people here illegally.  But so long as they’re here I’m going to treat them the way I would anyone else. 

    (Side note: I think we need more immigration. But it needs to be legal. For the benefit of the country and those immigrating. I wish the media wouldn’t try so hard to intentionally conflate being against illegal immigration with being “anti immigrant”. It’s really quit disgusting)

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    Well you may have to deal with this 

    Harboring -- Subsection 1324(a)(1)(A)(iii) makes it an offense for any person who -- knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation.

    Encouraging/Inducing -- Subsection 1324(a)(1)(A)(iv) makes it an offense for any person who -- encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.

    Conspiracy/Aiding or Abetting -- Subsection 1324(a)(1)(A)(v) expressly makes it an offense to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.

    Ask yourself of you want to take the risk 

  • Rental Property Investor · Member since 2019 · 4 posts · 0 votes
    7y

    @Matthew Paul

    Hi! Thank you so much for the references! I really appreciate that and will be using it in our decision making when the time comes- thank you so much again!

  • Rental Property Investor · Member since 2019 · 4 posts · 0 votes
    7y

    @Cody L. Thank you for the response! I don’t mind renting to them as long as I couldn’t have anything bad come back onto me for it. That was my biggest reason for starting this discussion- thank you!

  • Rental Property Investor · Member since 2019 · 4 posts · 0 votes
    7y

    @Nick Rutkowski thank you for your reply! I think you are probably right!

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    @Jessica Natvig you're talking about keeping the rent $250 below market. That's $3,000 a year you are losing in order to keep the current tenant? That's more than two full months of rent you're just giving away.

    Regardless of where you fall on the "illegal immigrant" situation, there are two facts you should consider:

    1. Federal or state law may consider it a criminal act to knowingly harbor someone that's in the country illegally; and

    2. They could be deported at any time.

    Why would you run the risk? If your market is decent, you can easily find a quality, legal tenant that will happily pay market rent.

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    3y

    a) Run your business right and charge market rent.

    b) They are already criminals by knowingly being in this country illegally. Do you wish to support someone breaking your country's laws?

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