What Would You Do With a Registered Sex Offender

Question

You are looking at a multi-family property.  You do a search and find that a registered sex offender occupies one of the units.  You have made an offer on the property but have not received an acceptance.  What would you do?  Since I'm sure I will be asked, I do not know anything about the tenant or their lease including how long they have been there.  They may be on a month to month lease if I had to guess based on pervious discussions with the previous owner.

William Hochstedler · Answer

You haven't bought the property yet.  Make it a contingency that the tenant is gone as a condition of purchase.

Jim Shepard · Answer

@Paul Stout  I would get a copy of the leases and then consult an attorney.  If they are on a month to month, you could tell the current owner that you will only close if that tenant is out of the property.  As someone else stated, it would be hard to rent to a family.  You could also have a problem keeping them there if they find out there is a child molester renting next door.  Might be legal issues as well if one of their kids got molested by the tenant since you know about it.  A can of worms I wouldn't want to open without legal counsel.

JD Martin · Answer

I don't (or haven't at this point, anyway) buy units that are occupied, so it's not an issue for me. That's one (but not by any means the only) reason I operate this way. That said, if I was bent on going forward with the purchase, I would find out what the terms were for this tenant and end the tenancy at the first possible juncture. If they have a signed lease, you probably can't put them out without cause. If they are month to month, you are golden - you simply give them their notice that you are not renewing their terms - you won't have to give them a reason.

William Hochstedler · Answer

Check with your municipality to see if they have any restrictions on renting to sex offenders, felons, etc.

Sex offenders often make great tenants who pay a premium because other landlords won't rent to them.

Good advice from both @Luka Milicevic and @Rico Saldana.  It totally depends on the type of property (location & configuration).  And follow your gut.

Michael Hayworth · Answer

I'd order the Italian BMT on wheat.

Paul Stout · Answer

I did consider that @William Hochstedler.  I will talk to him later today.  We are only discussing money at this point and it is between me and one other buyer.  If I can get a verbal commitment on the price I will start adding the contingencies to my offer and then negotiate those.  The deal is a good one and I am not going to let it deter me.  He signs new tenants up for 6 months then goes month to month after that.  Worst case scenario I will have to deal with him for 6 months.  Best case scenario the sex offender data on the website is outdated and the offender isn't even there any more.

Jeff Rabinowitz · Answer

If they are on a longer lease you will not be able to raise the rent until the lease expires. If you purchase the building you must honor all the current leases. You could offer to buy out the tenant's lease but you cannot force them to accept your offer.

Paul Stout · Answer

The offense was child molestation.  There was a conviction.  I have a zero tolerance for anyone with a child molestation conviction on their record.  I know that I have the right as a land lord to reject application for sex offenders.  What I am unsure about are the legalities surrounding the current agreement or how to get them out legally.  If the current owner is not willing or able to evict due to the current lease, I would like to legally evict them.  If they are on a month to month I could simply issue a notice that I am not renewing their lease.  If they are on a longer lease I am considering raising the rents within the limits of the current lease until they choose to leave.  What other options do I have?  Just to be clear, I am not wondering if I should let them stay or not.  I want them out and would like to do it legally and ethically.  I am looking for creative ways to do so.

Rico S. · Answer

Wow that must be a very uncomfortable position @Paul Stout

Aside from RE what are your instincts telling you?

I think you will have to understand the whole story and situation of their lease agrrement before making a decision. At the end of the day their actions were wrong but there are also a lot of factors to determine if they will be a problem tenant.

Luka Milicevic · Answer

Tough one. It depends really on the type of property.

You will have a tougher time renting to a family with 2 children vs a college student.

Also depends really on the extent of their crime. Was it a misdemeanor or a felony...

What Would You Do With a Registered Sex Offender

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