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.
If you have any additional questions, contact the Virginia REALTORS® Legal Hotline. (Be sure you’re logged in!)
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The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
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Information accurate as of 02/13/23
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