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What Landlords Need to Know About Tenant Criminal Background Checks

System - Tuesday, August 16, 2022
Property Management Blog

There are almost 70 million Americans living with criminal records. That's one in three adults. As a landlord, you may be wondering if you should run criminal background checks on your tenants.

The answer is maybe. There are pros and cons to doing tenant criminal background checks. On one hand, it can give you peace of mind knowing that your tenants don't have any criminal history. On the other hand, discrimination against potential tenants with criminal records is illegal in some states.

Before you decide if you should run a background check on your tenants, you need to understand the legalities involved. Keep reading to learn more about tenant criminal background checks and what landlords need to know.

Discrimination Against Tenants with Criminal Records

In some states, it's illegal to discriminate against potential tenants with criminal records. This means that you can't refuse to rent to someone just because they have a criminal record.

For example, if you have a "no felonies" policy, you could be violating the law. In Florida, it's against the law to discriminate against tenants with criminal records.

With this in mind, you need to be careful about how you screen your tenants. You can't just refuse to rent to someone because they have a criminal record. You need to have a legitimate reason for rejecting a tenant, such as their failure to meet other screening criteria (e.g., bad credit, no income, etc.).

Reasons to Run Tenant Criminal Background Checks

Even if your state doesn't prohibit discrimination against potential tenants with criminal records, you might still want to run criminal background checks on your tenants. Here are a few reasons why:

  1. To verify the tenant's identity
  2. To check for any red flags
  3. To see if the tenant has been arrested or convicted of a crime
  4. To get peace of mind knowing that your tenant doesn't have a criminal history

Reasons Not to Run Tenant Criminal Background Checks

There are also a few reasons why you might not want to run criminal background checks on your tenants. Here are a few of them:

  1. It could lead to discrimination against potential tenants with criminal records
  2. It could be time-consuming and expensive
  3. The information in the criminal background check might not be accurate
  4. You might not find anything even if the tenant has a criminal record

Should You Run Tenant Criminal Background Checks?

Whether or not you should include a tenant criminal background check in your screening process depends on your personal preferences and your state's laws. If you live in a state where it's illegal to discriminate against a potential tenant with a criminal history, you need to be careful about how you screen your tenants.

That's why it's a good idea to work with a property management company that knows your local laws. Here at the HomeRiver Group, we can help you find the right tenants for your property while staying compliant with the law.

If you want to learn more about tenant criminal background checks in Tampa, or if you need help finding the right tenants for your property, contact us today. We'd be happy to answer any of your questions!