Sex Offender Existing Tenant

General Landlording & Rental Properties
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Sex Offender Existing Tenant

Ben Nelson
Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes

Hi all!  I am currently closing on my first rental deal!  It's a 2 acre, 3 mobile home unit property with all three units currently rented.  I just found out that one of the current tenants is a registered sex offender.  Not cool.  He talked the prior owner into letting him live there it appears.   They seem to pay on time and keep the property clean.  The other two tenants know about him and are still renting so that doesn't appear to be an issue.  Question is....should I not renew their lease (month to month) right out of the gate or let him stay?  I'm planning to move another 2 mobile homes onto the property in the next 12-18 months and I know that when I get to that stage having a registered sex offender will rule out a TON of my potential tenants, but I'm not sure if I should get rid of him in the meantime.   What do you think?  Let him stay and let him know that when we get ready to move the additional units on he will have to move?  Or just go ahead and try to get him out up front?  

Thanks for any insights!  

BP is the biggest source of information that's got me to this point and can't wait to keep going. 

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Joseph R. Smith
Rental Property Investor · Carthage, NY · Member since 2019 · 72 posts · 47 votes
6y

1) It is a very important distinction to determine if he is a sex offender in the aweful most often thought of sense, OR did he per se get caught making out with his gf in the back seat of a car parked behind a bar in public. MANY so-called sex offense crimes are only of this 2nd nature. Do find that out threw legal researching methods. 2) In managing mobile homes, I am very strict on few things. But IF god forbid his crime was of the first nature, mobile home parks house many children and families thus can be prone to predators that we MUST screen out. :/  

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  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    6y

    @Ben Nelson

    Just for further info to everybody....most of these guys will state it was either a misunderstanding or it was a “I was 18 and she was 16” kind of lie. Most state laws are 4 years difference or they won’t prosecute. No such thing as a 18 year old had consensual sex with 17 year old and her parents got mad thing.

    1Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    I just want to comment on the "it's a business so treat it like one" comment.   It is totally possible to be a kind, caring,  empathetic person and still run a business in a manner that generates lots of $$$$.  You dont have to be mean or cold.   You can have a heart and treat people fairly and with compassion (even if you have to ask them to move) .   I do agree that it is a good idea to get the facts before evicting anyone, and be sure that if that is the path you will go that you are on strong legal ground to do so. 

    What I find to be one of the most important traits to have to be a good landlord is  a strong sense of self, ethics, guidelines (aka screening) and a good  solid lease with everything spelled out.  Then treat people fairly, kindly and with respect and things usually go much better than if you treat people as money machines.  Just my POV..    Good luck OP with your purchase. 

    3Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    @Mary Mitchell excellent point and I completely agree. We’re in a very personal business as landlords, providing a home for people and ethics and compassion should be the utmost importance. Thanks for the reminder! The motto is definitely “Firm but Fair”. 👍🏼

    3Reply
  • Billy Smith
    Shawnee Mission, KS · Member since 2016 · 716 posts · 313 votes
    6y

    You need to spend money on a lawyer get advice on what to do .I  reject all felonies ,since you inherited one you must spend more money then you thought to fix your problem .I hope your lease is a good one covers such issues in detail .

    0Reply
  • John Koontz
    Cedar Falls, IA · Member since 2017 · 32 posts · 13 votes
    6y

    @Steven Lowe No, that’s an exaggeration.

    0Reply
  • Scott Pearson
    Hunlock Creek, PA · Member since 2019 · 67 posts · 35 votes
    6y
    Originally posted by @Ben Nelson:

    Good point @David James.  I definitely am moving that way and the realtor is working on it now compiling the addendum to the contract.  I did some more research last night and found out it was just this last March that he was convicted of "rape & incest with a 13 year old minor"....so that puts all the "reasonable" reasons away someone could be a registered sex offender (as I know there are some).  I'll post back when I hear from the owner if we can make that contingency work and when we close on the property. 

    Thanks again everyone!  

     Since this happened just last March why is he not in jail?  

    0Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    @Scott Pearson that I don't know exactly.  The current owner said that he made a plea deal of some kind.  I'm not exactly sure of the particulars.  

    0Reply
  • David James
    Member since 2019 · 32 posts · 15 votes
    6y

    @Scott Pearson Good job on the due diligence!!! To reply to the comments on what I said about "treat it like a business" I wasnt saying not to be compassionate or understanding BUT when it comes to something criminal ask yourself "would I live next to this guy" especially for the people that have young children. If the answer is no...why do you think anyone else would want to live there? In essence, if your in the rental business and you rely on renting your property, I know of at least 2 golden rules. 1. Be fair but firm. 2. Dont rent to friends or family.

    1Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    From my research it he was convicted of 2nd degree sodomy with a minor in 2008, did 5 years in prison, got out in June of 2013, and was arrested this March with the rape and incest charge. Not sure if the most recent charge was thrown out or if that was where the plea deal was made? I would like to give guys a chance but I have 5 kids myself and I don't think I'd be able to bring them anywhere near our units with this knowledge

    0Reply
  • Monica Lewis
    Member since 2019 · 47 posts · 16 votes
    6y

    Definitely consult a lawyer if you want to protect yourself from legal action. This is a sticky situation and you should have a professional guide you through this.

    1Reply
  • Deborah Shieh
    Rental Property Investor · Redondo Beach, CA · Member since 2018 · 7 posts · 4 votes
    6y

    @Ben Nelson

    I was listening to one of the podcasts recently talking specifically about mobile home parks. The guy said he will not rent to sex offenders because these areas often have children and there are certain restrictions to sex offenders and children. They are also not a protected class. From what I hear, legal shield could be a good resource as to what potential harms could he caused by continueing to rent to this tenant (if any). Best of luck!

    1Reply
  • Joseph Gonzales
    Wholesaler · Midland, TX · Member since 2019 · 9 posts · 7 votes
    6y

    @Ben Nelson

    This is always a touchy subject. I have more than a couple of investor friends who actively seek people with criminal and S.O. backgrounds as a part of their ministry. They believe in giving second chances to men who have messed up bad but are sincere in making a better life with better choices. They lay on time, work hard and take care of the properties they live in. S. O.'s face a harder stigma, most want to move on with life from something that may have happened 20+ years ago, but can't because of the public stigma.

    Personally, I've met a good number of these men, as I volunteer at a local prison ministry, and see how they change their lives when they get out. But, having this kind of involvement isn't for everyone. All I can say is, let your heart and common sense guide you. If this guy has turned his life around and just needs a place to live without persecution, what's the harm. Be the clear headed one.

    1Reply
  • Alyssa K.
    Member since 2018 · 156 posts · 106 votes
    6y

    @Ben Nelson I would personally get him out as soon as legally able. There is a SO that lives down the street from a property I own, and every single applicant with children says they love the house but don’t feel comfortable living down the street from a sexual predator. As a mother, I don’t blame them.

    You can search the sex offender website to see the severity of their charge. If it was something “explainable” (for ex. I know someone who is a SO because he passed out drunk in his front yard and kids saw him, so he got indecent exposure), then it most likely wouldn’t be an issue. Anything else, is a no go for me. There are some crimes you just don’t rehabilitate from, I don’t care what “risk level” they are assigned by the gov.

    1Reply
  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    6y
    With those details, my answer would be HELL NO..... Assuming you cant get the current owner to get him out before the sale.... If you are on a M2M I would make sure my screening criteria is in writing and very clear...... mine has NO FELONIES..... then I would do my own screening on ALL the tenants...... at my cost.....if ANY of them don't pass, then they go. That way you are not singling him out and ALL the tenants have to pass...no exceptions.... Yes there are people out there that will be on the "giving second chances" side...... when it comes to sexual crimes with children, I am not one of them....let someone else deal with the "rehabilitation"..... I will pass.....
    1Reply
  • Ola Dantis
    Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    6y

    @Ben Nelson The first thing in my brain was MOBILE HOME and then SEX OFFENDER... Nothing outlandishly surprising here. 

    Also, I would check the details of it before jumping into conclusion. Plus, the current tenants are aware of it way before you got into the picture. 

    0Reply
  • John N. Wilson Jr
    San Leandro, CA · Member since 2017 · 2 posts · 2 votes
    6y

    @Ben Nelson: Mr. Nelson, first of all I am not a sex offender, neither have I ever been accused or arrested for any sex related crimes. With that being said, let's not the tag, "sex offender" cause you to panick and forget that this guy is ALSO a human being. I am not condoning anyone's behavior, nor accepting it. But it seems he's already "PAID" for that behavior if he was released and on the outside. Second, it's a matter of public information to find out exactly what his particular crime was. In San Francisco, an individual who is caught urinating on the street by the Police can be arrested and will have to register as a sex offender. That's just one example. My point being, this guy is paying his rent, respecting his neighbors, and it seems he's been no problem to anyone. So what he is a sex offender?.There are already so many restrictions on where sex offenders can live, where they can go, where they can work. Please dont marginalize the guy any further. Again, not condoning anyone's behavior. Give the guy a break...

    guy anymore. OP

    0Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    @John N. Wilson Jr.  I understand what you are saying Mr. Wilson and would love to allow him to stay there if it had been some of the more minor things that he could get on that list for committing.  I did do the research on what the offenses are with this guy and they aren't any of those.  And with him being charged with another sexual related crime this year again after being released from prison a few year ago, the pattern doesn't look good.  Now, if we were only allowed to have the three mobile homes on the property I would most likely let him stay as long as nothing happened.  But we are moving 2 more homes onto the property as soon as we can and I think having him there will really limit who I would be able to place in the new units once they are there, as well as the fact that my wife is super uncomfortable with it and I wouldn't be able to bring my kids around our properties either.  I will most definitely treat him with respect but it doesn't seem to make good business sense at this time to let him stay.  Thanks for the input! 

    1Reply
  • Julianna Sauber
    Member since 2019 · 8 posts · 7 votes
    6y

    @Ben Nelson

    Be sure you consult with an attorney about discrimination rules. I completely understand your concern - however you may open yourself to other liability for discrimination which is a big thing in Re. Confirm what your rights are with an attorney.

    1Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    @Julianna Sauber we asked the closing attorney and they said since it’s a month to month lease, the owner should be able to send written notice that their lease will not be renewed. Discrimination laws shouldn’t play into that should it? It seems that the owner shouldn’t have to have a reason if the co tract says the co tract can be terminated with 30 days notice from either left since it’s month to month correct?

    0Reply
  • Julianna Sauber
    Member since 2019 · 8 posts · 7 votes
    6y

    @Ben Nelson. It could very well be. I don’t know the answer to that question because I’ve not run across it, I just think for the purposes of covering all bases it’s worth asking the question

    1Reply
  • Isaac S.
    Member since 2018 · 563 posts · 562 votes
    6y
    Originally posted by @Julianna Sauber:

    @Ben Nelson

    Be sure you consult with an attorney about discrimination rules. I completely understand your concern - however you may open yourself to other liability for discrimination which is a big thing in Re. Confirm what your rights are with an attorney.

     Discrimination? Convicted felons are not a protected class.

    Discrimination laws apply to protected classes: gender, religion, nationality, sexual orientation, race, disability, etc.

    Also, as previously mentioned in this thread, he is more likely to have legal problems for allowing him to stay.

    0Reply
  • Steven Ko
    Sunnyvale, CA · Member since 2018 · 191 posts · 178 votes
    6y

    @Anthony Rosa My parents live in the Bay Area. There is this really nice mobile home park ( and few just nice ones) nearby. Guess it all just depends on where you live :p

    1Reply
  • Ben Nelson
    OP
    Flipper/Rehabber · Decatur, AL · Member since 2017 · 23 posts · 17 votes
    6y

    @Anthony Rosa completely agree.  Unfortunately in Alabama where I am, most of the MHPs are not that great.  We're planning to change that for our properties and make them attractive safe places for people to live.  

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  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    6y
    Sex offended..... and the offenses involved young kids......... sorry, but that is on another level for whether he is a "human being" and deserves our sympathy .... I don't care if he's quiet and pays his rent...... I don't want ANYTHING to do with guys like that......on ANY level...... M2M...... get rid of him.......
    0Reply
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