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can i reject an applicant based on criminal record

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switchex

Member
What is the name of your state (only U.S. law)? MD

We are trying to rent under section8 for the first time since we bought our rental property a few years ago . .we never had any real luck with non-section8 so we decided to gave it a try . .so anyway, we have an applicant who is interested in the property . .we ran a back ground check and she has a couple criminal records as early as 2008 . . so my question is:

What is the best way to reject her? I would think I can simply reject her based on her criminal record .. i just want to make sure there is no issue with that.

the other question is, do i really want to reject her? My house has been vacant for a month now and i am desperate . i don’t understand the report very well but it says:

Record one:File Date: Nov 19, 2008
case #xxxxxx:CDS:POSSESS-NOT MARIHUANA Disposition Date: Apr 11, 2008
case #xxxxxx:OPEN CONTAINER Disposition Date: Feb 02, 2007

Record two:File Date: Nov 19, 2008
Case #xxxxxx: ALC BEV/OPEN CONT/RETL EST Disposition Date: Sep 26, 2002

would I want someone like that, as minor (are they minor?) as the offense maybe?
 


Who's Liable?

Senior Member
Yes, you can reject any applicant as long as it is not based on religion, sex, age, children(varies), etc.

Having a criminal past is a valid legal reason to be rejected. It looks like this person has an alcohol problem...

I would pass...
 

Mrs. D

Member
It sounds like the most recent charge is for possession of drugs other than marijuana. If she had a marijuana possession charge from when she was, say, 18 or 19, and that was several years ago, my opinion might be "kids do stuff." However, anything other than marijuana is pushing my limits of tolerance. Keep in mind, also, that in some cases, LLs who know of drug activity in their rentals and don't immediately evict (which can be expensive and also complicated by Sec. 8 rules) are charged with aiding and abetting. I agree that sounds like a "pass."
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? MD

We are trying to rent under section8 for the first time since we bought our rental property a few years ago . .we never had any real luck with non-section8 so we decided to gave it a try . .so anyway, we have an applicant who is interested in the property . .we ran a back ground check and she has a couple criminal records as early as 2008 . . so my question is:

What is the best way to reject her? I would think I can simply reject her based on her criminal record .. i just want to make sure there is no issue with that.

the other question is, do i really want to reject her? My house has been vacant for a month now and i am desperate . i don’t understand the report very well but it says:

Record one:File Date: Nov 19, 2008
case #xxxxxx:CDS:POSSESS-NOT MARIHUANA Disposition Date: Apr 11, 2008
case #xxxxxx:OPEN CONTAINER Disposition Date: Feb 02, 2007

Record two:File Date: Nov 19, 2008
Case #xxxxxx: ALC BEV/OPEN CONT/RETL EST Disposition Date: Sep 26, 2002

would I want someone like that, as minor (are they minor?) as the offense maybe?

**A: why would you want to rent to a section 8 tenant that has a drug history?
 

Alaska landlord

Senior Member
Forget section 8.

Most of their clients if not all, are people that cannot afford to pay for any damages they may do on the property. You also relinquish a certain amount of control over what repairs are necessary on the property.
Then there is the added wear and tear on the property due to the tenants being in the house 24/7.
 

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