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Updated almost 9 years ago, 02/14/2016

User Stats

112
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24
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Brianna H.
  • Investor
  • Katy, TX
24
Votes |
112
Posts

Accepting renter with felony?

Brianna H.
  • Investor
  • Katy, TX
Posted

Obviously the answer is no, right? Here is the background:

I have 2 really great, low maintenance tenants in my rental house. They don't have a record, pay on time, have steady jobs, etc. They have been living in the house for about 6 months now and want to add a friend to the lease. On his application, he disclosed that he has a criminal record and that was verified on the report I ran on him. It was an intoxication assault with vehicle charge 4 years ago. Looking at the punishment for this offense (F3), it looks like the minimum time he served was 2 years (whether this was in jail or probation, I am not sure). It does state that he was discharged from probation in September. 

So what do I do? He does have a job in construction. I would say absolutely no if he would have applied with them in the very beginning, but the other two are great tenants. I kind of think he is already living there, so do I make my current tenants mad by kicking him out? What would you do in this situation?

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1,638
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1,060
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Cal C.
  • Investor
  • Peachtree Corners, GA
1,060
Votes |
1,638
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Cal C.
  • Investor
  • Peachtree Corners, GA
Replied

I'm pretty much against having felons in my rentals also I lost a brother to a DUI driver; however, in this case unless he has had multiple DUI charges then I'd probably take him as long as he passed all other parts of your screening. 

User Stats

132
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27
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Mario J Perez
  • Investor
  • San Juan, Puerto Rico
27
Votes |
132
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Mario J Perez
  • Investor
  • San Juan, Puerto Rico
Replied

Hello Brianna,

Why do they want to add him to the lease? Will he be living with the other two or in an apt. by himself?

It's a good thing that he mentioned up front his criminal record.

How long has he had his construction job? Ask him if you can talk to his supervisor.

Check out ntnonline.com

Hope this helps,

MJP

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User Stats

227
Posts
114
Votes
John Santero
  • Investor
  • Chattanooga, TN
114
Votes |
227
Posts
John Santero
  • Investor
  • Chattanooga, TN
Replied

It is recommendable that your tenants asked to add their friend to the lease. He probably would be staying there anyway and it is hard to monitor who is living there rather than visiting. 

Than the fact that the friend told you upfront what was going on is another plus.

I would write down any concerns you have- neighbors, noise, damage, etc. and state that you will allow it if these added rules are followed or the friend has to go- ie- any police calls etc. 

Maybe get an additional deposit or increase rent a few bucks too- but I would give him a chance. good luck

User Stats

112
Posts
24
Votes
Brianna H.
  • Investor
  • Katy, TX
24
Votes |
112
Posts
Brianna H.
  • Investor
  • Katy, TX
Replied
Originally posted by @Cal C.:

I'm pretty much against having felons in my rentals also I lost a brother to a DUI driver; however, in this case unless he has had multiple DUI charges then I'd probably take him as long as he passed all other parts of your screening. 

 I am against felons also, but this is one of the felonies that I think doesn't define an individual. Don't get me wrong...I am EXTREMELY against drinking and driving and it really changes my opinion about someone when I find out they have a DUI or when someone brags about how drunk they got, but in the grand scheme of thing....so many young adults drink and drive and the ones with DUI's were the unfortunate ones that got caught. 

Thank you for your input. I am so sorry to hear that your brother was lost to a DUI driver. We used to have a program in college where they would give out free rides Thursday-Saturday night, no questions asked. I wish that program could be more wide spread and accepted. 

User Stats

112
Posts
24
Votes
Brianna H.
  • Investor
  • Katy, TX
24
Votes |
112
Posts
Brianna H.
  • Investor
  • Katy, TX
Replied
Originally posted by @Mario J Perez:

Hello Brianna,

Why do they want to add him to the lease? Will he be living with the other two or in an apt. by himself?

It's a good thing that he mentioned up front his criminal record.

How long has he had his construction job? Ask him if you can talk to his supervisor.

Check out ntnonline.com

Hope this helps,

MJP

 The current tenants are friends with him and will be living with him. Sorry if that was confusing at first. 

He has been working for the construction company for 2 months now and worked at a very upscale restaurant before that (he was working at both concurrently, but is full time construction now). I will be speaking with his supervisor. Thanks for the advice!

User Stats

112
Posts
24
Votes
Brianna H.
  • Investor
  • Katy, TX
24
Votes |
112
Posts
Brianna H.
  • Investor
  • Katy, TX
Replied
Originally posted by @John Santero:

It is recommendable that your tenants asked to add their friend to the lease. He probably would be staying there anyway and it is hard to monitor who is living there rather than visiting. 

Than the fact that the friend told you upfront what was going on is another plus.

I would write down any concerns you have- neighbors, noise, damage, etc. and state that you will allow it if these added rules are followed or the friend has to go- ie- any police calls etc. 

Maybe get an additional deposit or increase rent a few bucks too- but I would give him a chance. good luck

 Exactly my idea!! Whether I add him or not, it's not really easy for me to determine who is actually living there. My biggest concern is that he destroys the home, but who says he is going to destroy it any more than one of the other tenants without a record? And wouldn't it be better to add him to the lease and have more people listed as liable in that situation? 

Great idea about writing down my concerns...I will address them with both the current and new tenant. Thanks for the advice!

User Stats

227
Posts
114
Votes
John Santero
  • Investor
  • Chattanooga, TN
114
Votes |
227
Posts
John Santero
  • Investor
  • Chattanooga, TN
Replied

your other tenants should have 100% liability each- not 1/3 each. let them know that accepting this person as a co-leasee they accept future liability. Maybe ask for a additional deposit?

User Stats

2,953
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4,475
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Alexander Felice
Pro Member
  • Guy with Great Hair
  • Austin, TX
4,475
Votes |
2,953
Posts
Alexander Felice
Pro Member
  • Guy with Great Hair
  • Austin, TX
Replied

felony DUI 4 years ago, guy did his time.......what's the big problem? 5 years ago I was arrested for DUI at 8am (though my charges were dropped) does that make me unable to rent to as well?

Context is everything, not all felons have the same background. Guy wasn't selling drugs, no theft, no arson, no vandalism, didn't hurt anybody. Just made a bad decision which he more than likely learned his lesson as do most people who make bad decisions and get in trouble for them.

Questions that are important to be asking are: how does he pay his bills? what's his job history? credit score? 3x rent? evictions? etc.

imo

User Stats

1,981
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1,198
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Bryan O.
  • Specialist
  • Lakewood, CO
1,198
Votes |
1,981
Posts
Bryan O.
  • Specialist
  • Lakewood, CO
Replied
Originally posted by @Alexander Felice:

felony DUI 4 years ago, guy did his time.......what's the big problem? 5 years ago I was arrested for DUI at 8am (though my charges were dropped) does that make me unable to rent to as well?

Context is everything, not all felons have the same background. Guy wasn't selling drugs, no theft, no arson, no vandalism, didn't hurt anybody. Just made a bad decision which he more than likely learned his lesson as do most people who make bad decisions and get in trouble for them.

Questions that are important to be asking are: how does he pay his bills? what's his job history? credit score? 3x rent? evictions? etc.

imo

 What the big problem? Intoxication assault with vehicle is the problem! This wasn't a couple of beers and going home, this was running into stuff with your vehicle after/while drinking!

I personally wouldn't allow him to live in my property. He has already shown a lack of control over himself. While I believe everyone can turn over a new leaf, I also believe they can do it somewhere else until I believe they really did it (2 months of work history isn't proving anything to me). I love helping people move up in life, but I would pass on him. If it means losing the current tenants, there are more of those.

If you rental market it horrible, then maybe you can convert them to month to month with higher deposit to mitigate your risk, allow you to keep your good tenants, and let you feel good about helping someone out.

Good luck. It's a decision that you have to make based on your own personal risk tolerance.