Can I Add A Felon To My Lease?
The only person who can give you a definite answer to the question Can I Add A Felon To My Lease? If you are a landlord or property manager, you are not free to let others live in your home when renting. Unless you get your landlord’s prior approval. Usually adding another person to your lease is straightforward, but this is not always the case when the inmate has a criminal record.
Can I Add A Felon To My Lease? (2024 Updated)
No law prevents a delinquent from taking a new lease or being added to an existing lease. So when your landlord does a background check on a tenant, it’s possible that it’s not official for a criminal. Although you may be concerned about the rejection of your lease application, you should adhere to the terms of your lease.
And approval must be obtained for additional tenants before allowing anyone to accompany them. You may face eviction if you violate your lease agreement. An eviction may appear on your rental record, making it very difficult to rent another home in the future.
It is important for your housing security that you follow the terms of your lease and do not jeopardize your tenancy by allowing anyone to move into your home unless you have permission from your landlord.
Check Your Lease Agreement
Your lease agreement will explain the process you need to follow. If you want to add another person to your lease, each landlord has their own policy, so first check the relevant section. So check your lease and see what it says. If you don’t understand your lease agreement, contact your local Colony Aid group to look it up.
A lease will usually specify what all potential tenants must do upon application of the tenancy. They must pass a background check before being added to the lease. It’s understandable to be cautious about applying if you’re concerned that the crime will be grounds for denial. You are entitled to see a copy of the landlord’s residency eligibility policy before applying and paying the application fee.
Your landlord should have a habitability policy that they follow. This policy will determine the requirements that tenants will have to meet concerning them:
- Criminal background
- Rental history
- Employment history
- Credit report
- Income
If the person you want to add to your lease meets these requirements, your landlord should be willing to update the lease. When the background of the applicant does not meet the rental criteria. So you will not be able to add this person to your lease. And if you let this person in, you will violate your lease agreement.
Can A Felon Pass A Rental Background Check?
Yes, a felon can pass a background check for a rental. It all depends on the background check policy of the landlord. Many landlords state that a minimum time must have passed since the felony conviction. Landlords may also refuse to rent to felons convicted of certain crimes, such as sexual assault, violent crime, drug trafficking, or property crime. In some states, a felony conviction more than 7 years old will not show up on a background check because the state has set a limit on how far back the background check can go.
These states limit background checks to 7 years:
- California
- Colorado
- Kansas
- Kentucky
- Hawaii
- Maryland
- Massachusetts
- Montana
- Nevada
- New Hampshire
- New Mexico
- New York
- Texas
- Washington
Can A Landlord Legally Refuse To Rent To A Felon?
Fair housing laws protect some tenants against unfair discrimination. Unfortunately, felons are not a protected class under the Fair Housing Act and landlords can refuse to rent housing to convicted felons. Landlords have a right to protect their property and their investment, and they also must look out for the safety of other residents.
However, their rental screening policy must be fair and consistently applied. For a screening policy to be fair, it must not adopt a blanket rule that disqualifies all applicants with criminal records. The policy should evaluate applicants on a case-by-case basis and consider the seriousness of the offense and age. To be consistent with the screening policy, the same criteria must be applied to all applicants. For example, a landlord can’t screen some tenants and not others.
What To Do If Your Landlord Won’t Let You Add A Felon To Your Lease
Ask For A Reconsideration
If your landlord refuses to include your family member or partner in your lease, you can ask them to reconsider. The best way to ask for a revision is to write to your landlord and ask for a meeting. At the meeting, you can provide references and other mitigating evidence in favor of the request.
Good evidence you can provide to establish credibility includes:
- Employment references
- Character references
- Reference from previous or current landlord
- Letter from probation officer (if applicable)
- Certificate of Rehabilitation (if applicable)
The landlord may be willing to reconsider if you offer to pay an additional security deposit.
The Fair Housing Center has an appeal letter you can print out and use at this link: https://www.thehousingcenter.org/wp-content/uploads/2019/04/Appealing-Criminal-Background-Denial-for-Housing-Form-Letter.pdf
When it comes to criminal backgrounds, independent landlords are more flexible than property managers for large corporate-owned apartment complexes.
Find out if they can stay as guests.
Another option you can try is to have a family member or partner as a guest. can ask to finish.
Your landlord is under no obligation to waive the maximum limit. But by applying, you have nothing to lose.
Since no guest is on the lease, your landlord may ask your guest to leave immediately. Your landlord won’t have to worry about eviction costs if they’re a nuisance. Therefore, they may be ready to agree to your request. Offering an additional security deposit for your guest can also work in your favor with some landlords.
Contact A Second Chance Leasing Agent
Second Chance Leasing Agents and Second Chance Apartment Founders can help renters with criminal backgrounds find a country house that accepts crime. If your current landlord does not allow your family member to live with you, you may decide that moving to a new home is your best option.
So we often run into background checks with new landlords. On the other hand, using a leasing agent can save you from making multiple time-consuming and expensive rental requests.
Can I Add A Felon To My Lease? Next Steps
- Check your lease to find out if you need your landlord’s permission before another adult can move into your home.
- If you need permission, ask for a copy of your tenant’s acceptance criteria before applying.
- Make sure you don’t risk eviction by letting an unapproved tenant live in your home.
- If your application is denied, request a review meeting so you can provide references
- If the rejection is final, contact a second-chance rental agent who can help you find a landlord who is willing to rent to a felon.
