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Updated about 5 years ago on . Most recent reply

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Dave Derocher
  • Freeland, MI
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Felony history with a tenant

Dave Derocher
  • Freeland, MI
Posted

I just received an application from a couple and they noted that they have been convicted of a felony.  As they were filling out the application in front of me they both told me about their own felony in the past.  The male had 9 felonies all more than 12 years back, and she has a possession felony that she is on probation for (about 1 1/2 years ago).  They both shared freely this info I didn't ask for any explanation, I assumed it would show on the background check.  When doing the background check through Smartmove,  nothing came up for either of them.  I'm pretty sure i want to decline them as i believe the market is strong in the area.   

My questions is can I decline them based on what they told me even those it's not in their background check and how do i word it in the decline letter.  After reading many forums on BP i haven't gotten a really clear answer as to if this is discrimination or not.  Even going through the State of Michigan landlord material i haven't really gotten a clear answer.    This is the first denial i have done, and don't want to open my self to legal issues.  

Dave 

Freeland, Michigan 

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Nathan Gesner
Property Manager
Agent
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  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
Property Manager
Agent
Pro Member
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

@Dave Derocher

The purpose of screening an application is to determine the level of risk to your income, the property, or the neighbors. If their felony is 12 years old a d they admitted it to you voluntarily, that sounds like someone that has paid their debt and is trying to get their life back on track. I wouldinvestigate further by checking landlord references, credit history, employment history, etc. For all you know, they've got a good history for the past few years and wouldn't lose any risk.

Or you can just dismiss them and go to the next applicant that may be hiding their past......

  • Nathan Gesner
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