Criminal records are more common than you think. According to NCSL, around one in three adults have a criminal record. This can range from convictions to minor arrests.
As a property owner, you'll likely encounter potential tenants who have a criminal record. Performing a tenant criminal background check allows you to see who's committed severe crimes. This blog will cover the basics of these background checks and what rules you need to abide by as a property owner.
What Is a Tenant Criminal Background Check?
A tenant criminal background check looks at the criminal record, if any, of tenants that you're screening for your properties. It should be an essential component of your rental screening process.
Keep in mind that you can't outright deny an applicant based on their record alone. Doing so goes against state or federal laws on fair housing. Not complying with these regulations can result in discriminatory claims.
One thing to remember is you need to be unbiased in your screening process. You can't screen a potential tenant just because you think they have a record. You need to be consistent and screen every applicant that you come across.
The Difference Between Conviction and an Arrest Record
An arrest record and a conviction are two different things. A conviction means a person was found guilty of a crime. An arrest record means they were apprehended and suspected of committing a crime, but not necessarily found guilty.
You're not able to reject a person based on them having an arrest record. However, you can refuse their application if they have a conviction record. This is especially important if they've been convicted of a major crime, like arson or assault.
Legal Limitations on Blanket Bans for Criminal Backgrounds
It's against the law to have a blanket ban for anyone with a criminal record during the rental application process. You can't refuse to rent to a person to every individual who has a record. It's only legal to not rent to an individual with a record of conviction.
Explore Criminal Background Check Benefits
Conducting compliant criminal background checks allows you to have more safe and secure rental properties. Other advantages of performing these types of background checks include:
- Minimizing crime risks for your property and other renters
- Avoiding renting out to those who may conduct criminal activities on your property
There are other types of background checks you should perform when screening potential renters. Some of the most common ones are:
- Employment history and income checks
- Credit history and score checks
- Eviction and rental history checks
You can explore a tenant verification service that can undertake these tasks for you.
Partner With an Experienced Property Management Company
Performing a tenant criminal background check is a great way to ensure the security of your property. It's important to understand state and federal laws surrounding background checks. You want to ensure your compliance while protecting your investment.
At PMI US Southwest, our team of experienced property managers is here to make your life easier. Our thorough tenant screening process ensures only the best individuals are placed in your units. Reach out to our office to book a consultation.
