Legal Hotline Spotlight: Property Management
February 14, 2023
Question: I have a current tenant who wants her boyfriend to move in with her. The boyfriend has prior drug possession convictions and I’m not really comfortable with him being in the property. Can I have a blanket rule prohibiting anyone with a conviction from becoming a tenant?
Answer: No, you cannot have a policy that automatically excludes all potential tenants solely because of a criminal conviction. However, you are allowed to consider the individual circumstances of each prospective tenant, including prior criminal history, when deciding who to accept. You should consider factors such as how long ago the offense or offenses occurred, what the offense was, and what has happened since that last offense. Recent and/or repeated offenses could imply that there is a threat to the safety of the current residents, but again you have to consider each applicant individually.
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Information accurate as of 02/13/23
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