Turning down criminal prospective renters

[Sally Costik]

Had a phone call from a couple - seemed nice on the phone, reasonable explanation why they wanted to move, etc.  Did a background check, found out that the man has been jailed on terroristic threats, assault, bad checks, etc.  16 of them!  Also broke his baby's arm, so child abuse, too.  She was almost as bad - passed half a dozen bad checks.   Now, they are fully expecting that i will rent to them, based on our initial conversation which was actually quite pleasant.  How do I turn these people down without them retaliating on me and my properties?  Its a small town.  And believe me, I am going to turn them down.

[Kathleen Leary]

I found this interesting post:

Denying a Renter Due to a Dangerous Criminal Record

Landlords and property managers are only allowed to use a criminal record to deny a rental applicant if the record shows dangerous criminal convictions that would put the property, other tenants, or the neighborhood at risk.

You are not allowed to use arrest records to determine a rental applicant’s qualifications.

According to the U.S Department of Housing and Urban Development:

1. Arrests records are not a valid reason to deny a rental applicant housing.
2. Convicted criminals may be denied housing if the reason for their convictions clearly demonstrates that the safety of your residents and/or property are at risk.
3. Blanket terms in your screening criteria that say “Any criminal convictions will be denied” are now considered discriminatory and in violation of the Fair Housing Act.

If you deny a rental applicant due to information found on a public record (like a criminal background report or eviction search) you need to provide the applicant with a denial letter and instructions on how they can obtain a copy of the report. You do not need to provide a copy of the report, just tell the applicant which agency you used to access the report and who to contact to get a copy.

That said: (You may need to amend this, based on the above info)

"Thank you for your application to rent 1234 Main Street.

We regret to inform you that your application has been denied based on our standard tenant screening criteria.

Good luck in your housing search."

Document everything & make sure every applicant is treated exactly the same way. 

I would NOT rent to these two!