Applicant hiding fiance's burglary conviction

Tulsa, OK · Member since 2019 · 4 posts · 0 votes

I had a "single" mother apply for one of my properties. According to social media, she is engaged to a guy and, as of 3 weeks ago, the relationship is in good standing.

She never mentioned this guy to me and said she is only renting with her mother. I ran a background check on the guy and he has burglary convictions from 6-7 years ago.

I have a feeling she is trying to hide this from me. How would you approach this?

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JD MartinBusiness Member

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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes

He should be on the application as one of the adults living in the house. If not, and you find he is living there after the fact, you have grounds for eviction. Is this your only applicant?

We run background & credit checks on all adults living in the unit. No exceptions.

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JD MartinBusiness Member
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Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
7y
He should be on the application as one of the adults living in the house. If not, and you find he is living there after the fact, you have grounds for eviction. Is this your only applicant?
We run background & credit checks on all adults living in the unit. No exceptions.
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Skyline Properties
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John Scagan
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Tulsa, OK · Member since 2019 · 4 posts · 0 votes
7y
This is my only applicant so far, but it has only been on the market for 5 days.
I have everyone over 18 apply, but I'd have to accuse the woman of lying to me to have him apply. The alternative is to let her lease with her mom and see what happens.
I plan to call the current landlord to see who is renting from them.
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Steve DellaPelle
Rental Property Investor · Salem, NH · Member since 2016 · 460 posts · 276 votes
7y
@John Scagan Be careful with this situation. If you allow them to rent from you and they move the fiance in after the lease signing...you need to PROVE that he is living there in order to have a valid case when you file for eviction.
This can be very difficult to PROVE as there are many valid excuses to get around this violation. Just visiting...works odd hours...etc etc
The best way to prove it would be if he starts using the mailing address. Good luck!
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Lesane T. Johnson
Portland, OR · Member since 2018 · 30 posts · 8 votes
7y
Is it legal for you to pass on the tenant on the grounds that her boyfriend and her are still together, and you found this information through social media? Give her the benefit of the doubt, if he moves in after the lease is signed, bring it up in conversation if it violates the terms of the lease. The rescind rate for burglars isn't that high, and the fellow has gone 7 years without offending.
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
7y
@John Scagan:
Check your local laws. Some places force you to allow a new spouse. Even if you're not in one of those nanny states, nothing good can come from this situation. Find a reason to deny.

@Lesane T. Johnson: The rescind rate for burglars isn't that high, and the fellow has gone 7 years without offending.
Not sure where you got your info from, but a report by the Bureau of Justice Statistics entitled Recidivism of State Prisoners Released in 2005, is based on a BJS data collection which tracked a sample of former prison inmates from 30 states for five years following their release in 2005.

According to the report, prisoners released after serving time for a property offense were the most likely to recidivate, or relapse into crime. Within five years of release, 82 percent of property offenders were arrested for a new crime, compared to 77 percent of drug offenders, 74 percent of public order offenders and 71 percent of violent offenders, the report found.
Maybe he just got smarter while in prison and he has gone 7 years without getting caught?
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Chris Szepessy
Catskill, NY · Member since 2018 · 636 posts · 668 votes
7y
This is why I love social media. I don't really use it, but it's a super convenient way to screen tenants. I would pass on this applicant because it appears she's trying to hide the fiance from you. Whether or not he has re-offended and just not been caught, or he is a "changed person" isn't really relevant. I would find a reason not to rent to her (credit, income, etc.) and not even mention her social media. She'll delete it while looking for a new place and another LL won't be able to do the same "background check" that you did.
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John Scagan
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Tulsa, OK · Member since 2019 · 4 posts · 0 votes
7y
Originally posted by @Chris Szepessy:

This is why I love social media. I don't really use it, but it's a super convenient way to screen tenants. I would pass on this applicant because it appears she's trying to hide the fiance from you. Whether or not he has re-offended and just not been caught, or he is a "changed person" isn't really relevant. I would find a reason not to rent to her (credit, income, etc.) and not even mention her social media. She'll delete it while looking for a new place and another LL won't be able to do the same "background check" that you did.
I have no good standing to reject her application. The mother's credit and income are impeccable. I just feel they're using the mother to get in the door, but she has no intention of actually living there.
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Account Closed
Rental Property Investor · Central, FL · Member since 2016 · 950 posts · 821 votes
7y
Where does the mother live currently?
Maybe require the mother to direct ACH deposit the rent as a requirement of renting.
Ask the previous LL who is on the lease there.
Drop by their current residence, make up an excuse with some paperwork to see the place. See if he is living there.
Or just deny them based on not providing a completed application.
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John Scagan
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Tulsa, OK · Member since 2019 · 4 posts · 0 votes
7y
Originally posted by @Account Closed:

Where does the mother live currently?
Maybe require the mother to direct ACH deposit the rent as a requirement of renting.
Ask the previous LL who is on the lease there.
Drop by their current residence, make up an excuse with some paperwork to see the place. See if he is living there.
Or just deny them based on not providing a completed application.
I'm not exactly sure where the mother lives. Reported that they currently live together in a house which the current landlord confirms (by looking at the lease, I didn't ask about the guy).
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Kimberly H.
Residential Real Estate Broker · Chicago Suburbs, IL · Member since 2013 · 1k+ posts · 594 votes
7y
Call the personal references and ask who all is living together now. Found an omitted sex offender that way once.
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Anne Smith
Steinhatchee, FL · Member since 2017 · 77 posts · 69 votes
7y
Id be concerned that she's engaged to him. No reason for them not to move him in. It would have been one thing had she told you about him so you could decide up front, but the fact that she never mentioned she is engaged is concerning.
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John T.
Rental Property Investor · Central U. S. A. · Member since 2013 · 296 posts · 149 votes
7y
@John Scagan Your intuition is telling you this applicant may be trouble. Listen to your intuition!
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Thomas S.
Member since 2016 · 13k+ posts · 12k+ votes
7y
You are over thinking the situation. Your applicant is clearly being less than candid and should be a automatic pass. Being your first applicant all you need to do is tell them your are still accepting applications and wait for someone better.
Never waste time trying to make any applicant 'fit' your requirements. The purpose of screening is to mitigate risk by finding reasons to reject applicants not reasons to accept.
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Mike S.
Rental Property Investor · Huntsville, AL · Member since 2013 · 419 posts · 323 votes
7y
nvm
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Eric Carr
Real Estate Broker · Los Angeles, CA · Member since 2017 · 655 posts · 293 votes
7y
If he is not on the lease, he doesn't live there. Have solid criteria for screening and accepting tenants, and all adults living in the house need to be screened and on the lease. If you have other applicants with less variables, consider moving on
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James Enyeart
Austin, TX · Member since 2018 · 19 posts · 4 votes
7y
Hope for a second applicant. Otherwise, dig a little deeper. With one applicant apparently over the last eight (?) days this applicant is looking better and better.
Did the guy spend time in prison? Or just convicted and time served in holding was the sentence? Or did he just come out of prison after 6 years? Probably a lot closer to the first I would guess. Reality is that you are going to have to justify the rejection. A burglary conviction 6 or 7 years ago for a non-applicant? Tough to justify in court I would imagine.
IF the Mother has great credit, the odds are she isn't goint to let it get ruined by a future son-in-law. IF she's on the hook for the note, then you are probably going to be ok financially. ACH would be ideal. I might even incentivize this option with a discount to alleviate payment concerns.
Plus as several have said, not sure what your legal standing would be in rejecting? Especially if they came after you? A cost you might consider since your are discussing this publicly. Marital, or potential marital status is not a valid rejection reason. I might write something into the lease regarding maximum occupancy of adult individuals? IF the idea is to move him in, then they might have them reject the lease agreement. You could put some teeth into that clause as well with monetary damages. Again Mom's impeccable credit comes in as leverage.
Bottom line is you have an applicant, apparently another applicant has not stepped forward yet. You need to make sure that your reason for rejection is legal. The problem is that you are assuming the guy lives with them. From what you have told us thus far the prior landlord believes the mother and daughter live together. Not a crazy scenario.
Interestingly, this social media thread would be damning evidence of any rejection at this point. If your screen name is your real name and they do some internet digging themselves. Odd line of thinking I know, but probably accurate. Just another fly in the ointment...
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