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Old 05-07-2010, 09:16 PM
 
758 posts, read 969,821 times
Reputation: 318

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Quote:
Originally Posted by Valkyr47 View Post
ok well thanks for the advice

just to give an update, i chose to lie in the application and claimed no criminal record, got a call two days ago and they accepted the application.

All of the references i put down claimed they were never called, which is good because i fudged my # of years employed a little too...

so i guess they really dont do the checks
Why would you do that? If they check your background and finds out that you have been lying, they would deny your appication
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Old 05-07-2010, 09:23 PM
 
758 posts, read 969,821 times
Reputation: 318
Quote:
Originally Posted by itsmyopinionk View Post
i was denied an apartment because it asked if i was ever convicted of a felony, I put no and they
said I lied because I had a misdemeanor charge from 15 years ago. I told them that isnt what they asked but they said it didnt matter I was a criminal. I havent had any charges in well over 15 years so come on. Needless to say I didnt get the apartment. That was wrong, I paid for the app it seems they just wanted that or what I dont know.
Sorry man, that is what you get for lying, if you have been honest in the first place, you might have gotten the apartment
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Old 05-16-2016, 01:40 PM
 
1 posts, read 609 times
Reputation: 10
Having the same problem: when the app asks if you have ever been convicted of a felony and you answer no then they say you are lying because you do have a misdemeanor. Heads up people, a felony and a misdemeanor are two entirely different beasts. I would say one or two of either in 60 years would give me pause for rubber stamping a no. Makes me wonder how much money is made in application fees each year?
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Old 05-16-2016, 05:53 PM
 
Location: North Idaho
19,691 posts, read 23,376,674 times
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For anyone else who wants to know the same thing, I would suggest that you write on the application, "yes, for a misdemeanor". If the landlord wants to know what that means he will ask and the landlord will know that a yes does not mean you have been convicted of a felony.

I always check criminal and while I would rent to someone with a misdemeanor, I will not rent to someone who lies on the application.

I had an applicant last year who was being evicted because their landlord discovered that they had a felony conviction that they lied about. Just becasue you get in by lying does not mean you will get to stay. And no, I did not accept him because I don't take applicants who have felonies, and his was a particularly bad one, both violent and drug related.
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Old 08-26-2016, 07:36 PM
 
1 posts, read 481 times
Reputation: 10
Can a landlord look up a person's information about their background, before receiving application. Then when possible tenant ask, on a public forum if they received their application, they say, nevermind, after looking at your background check, you aren't qualified.. Is this legal to put my name and personal business out in front of my Community, and deny like this? She had my phone number. I even reminded her to call me. When I read this, I asked her to please remove this posting. It was Unprofessional and Discriminating, she could have called. Her response was, it's public knowledge, anyone can read it. Is this allowed? The posting is still up for everyone to read. Thank you for any help, Sherri Burton
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Old 08-26-2016, 08:01 PM
 
Location: New York
1,349 posts, read 1,204,370 times
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Quote:
Originally Posted by Sherri Burton View Post
Can a landlord look up a person's information about their background, before receiving application. Then when possible tenant ask, on a public forum if they received their application, they say, nevermind, after looking at your background check, you aren't qualified.. Is this legal to put my name and personal business out in front of my Community, and deny like this? She had my phone number. I even reminded her to call me. When I read this, I asked her to please remove this posting. It was Unprofessional and Discriminating, she could have called. Her response was, it's public knowledge, anyone can read it. Is this allowed? The posting is still up for everyone to read. Thank you for any help, Sherri Burton

Criminal records are public record. The landlord did nothing wrong.
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Old 08-26-2016, 08:20 PM
 
139 posts, read 152,038 times
Reputation: 88
Quote:
Originally Posted by oregonwoodsmoke View Post
For anyone else who wants to know the same thing, I would suggest that you write on the application, "yes, for a misdemeanor". If the landlord wants to know what that means he will ask and the landlord will know that a yes does not mean you have been convicted of a felony.

I always check criminal and while I would rent to someone with a misdemeanor, I will not rent to someone who lies on the application.

I had an applicant last year who was being evicted because their landlord discovered that they had a felony conviction that they lied about. Just becasue you get in by lying does not mean you will get to stay. And no, I did not accept him because I don't take applicants who have felonies, and his was a particularly bad one, both violent and drug related.
If the question asks "have you ever been convicted of a felony" then why would one PUT yes if it was a misdemeanor? If the Landlord want's to know about any "criminal convictions" then they should phrase their question accordingly. The same offense in one state can be classified as a misdemeanor and in another state as an infraction or ordinance violation.

A true way to determine if an individual has been convicted of a criminal statue is to do a CHRC with the State Authority (usually the State Police) and FBI. A CHRC with the FBI will show all arrests and convictions (one can be arrested but then found not guilty). Also, even tho one expunged a misdemeanor conviction at the State level, there is no guarantee it will be expunged from the FBI Database (I don't believe there is a regulatory law that they must comply).
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Old 08-26-2016, 08:21 PM
 
15,047 posts, read 15,538,759 times
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Quote:
Originally Posted by aragx6 View Post
The thing is I don't think they can not lease you a place for a misdemeanor, obviously felonies are a different beast. Just because they ask, doesn't mean they have a right to know or to base their decision on it.
As long as it's not discrimination, and not against fair housing, you can make the application process as strict as you wish. You can deny anyone that ever had a traffic ticket and nobody could do anything about it as long as you decline everyone who had a traffic ticket.



Quote:
Originally Posted by willdufauve View Post
I was arrested in 1968 while protesting the Viet Nam war. I've never said so on any rental/mortgage/credit application and have never had any repercussions for not disclosing.

I think you should keep it to yourself unless you're applying to work as a police officer, etc. It's not really a landlord's business, they just want to brainwash you into thinking it is, and I think it's very rare that they could get access to those records.

Sure it is. It's part of the screening process and it is the LLs business. You would be surprised what I had show up in background checks. I had this lady who looked like a absolute mom housewife. Record came back with lewd conduct and charge of prostitution. You could of knocked me over with a feather. It was a serious wtf moment. Just totally unexpected




Quote:
Originally Posted by Valkyr47 View Post
ok well thanks for the advice

just to give an update, i chose to lie in the application and claimed no criminal record, got a call two days ago and they accepted the application.

All of the references i put down claimed they were never called, which is good because i fudged my # of years employed a little too...

so i guess they really dont do the checks

The one you applied with doesn't check. I know I check references even though I may not call them all. The important one is employment. I never call the number provided. I find the number on my own and call the front desk/reception. Then I ask for HR. I mainly ask time with the company and your income. If HR won't disclose I decline the application

You lucked out. But if the LL finds out he can evict for falsifying the application.



Quote:
Originally Posted by willdufauve View Post
Nobody in their right mind is going to evict a tenant for lying on the application.

In my region it would cost you $10k to $20k to evict someone and it would take a year. You evict a tenant because they are way behind on the rent payment or damaging the property, etc. but for telling a white lie about something embarrassing that isn't even a reliable predictor of how well the tenant will work out?

In my state, and many states, you can't get access to a person's criminal record without their prior written permission, and it takes 4 to 6 weeks or longer.

If you denied me a rental I qualify for financially, based on a misdemeanor conviction from protesting the Viet Nam War 40 years ago, I'd sue your pants off though.
Hello. You do give me the right to check your background criminal and credit. You get this nice piece of paper that you give me permission to do so right along with the application. You sign it and that gives me permission. At least in my state. You can throw all sorts of privacy rights that's fine. I'm not out seeking to look at your background. I obtain permission frm YOU to do so.
As for evicting someone I may not evict over something stupid, but when the lease comes up for renewal I won't renew. again it depends. One bounced check (which btw it's legally considered fraud. ) it would really depend on when it was and what your credit p/income/employmentis like nowNot a big deal. I would much prefer you disclose it rather than me finding out. But that's your choice. It's also my choice not to rent to you if I find sinethingsomethubg you did not disclose or gist out lied about. I usually decline when a applicant falsifies a application.
No you're not going to sue because in order to sue you would have to prove damages OR discrimination. And you weren't damaged when your application came back and you were declined due to a record issue. I have declined people who qualified financially but had bad credit or past felonies. And yes every applicant that went forward past the application/initial screening press had their background pulled and I looked at it.
Then it went in my records and it's under lock and key.
And when you sue and lose you will be paying for the defendants fees court costs and your lawyer.





Quote:
Originally Posted by Sherri Burton View Post
Can a landlord look up a person's information about their background, before receiving application.

As a rule no. For example in order for me to legally pull a background check I need a completed application, a form giving me permission to check your credit and background. I use a service called Transunion. I simply send a link and you pay for the service. I just get the results. This way I collect no money, and the process is up to you to go forward with.

Then when possible tenant ask, on a public forum if they received their application, they say, nevermind, after looking at your background check, you aren't qualified..

Were they looking at the background or simply looked over the application and declined based on the application?

Is this legal to put my name and personal business out in front of my Community,

No. It's not legal to put someone's private info that you were privy to on a public online forum. While the info may be "public" in the sense she was able to look at it it's not public as in anyone can look at it


and deny like this?

The LL can deny based n what is written in the application. If you did not give the LL permission to pull your record, she could be looking at a heap of trouble.


She had my phone number. I even reminded her to call me. When I read this, I asked her to please remove this posting. It was Unprofessional and Discriminating, she could have called. Her response was, it's public knowledge, anyone can read it. Is this allowed? The posting is still up for everyone to read. Thank you for any help, Sherri Burton

I would contact the moderators of the forum and tell them to delete the positing. Then what I would do is send her a cease and desist letter. you can contact the DA office see what recourse you may have.
I can tell you that all the info I have on my tenants is backed up on a hard drive and applications/records are in a fireproof safe under lock and key.



Bold

Last edited by Electrician4you; 08-26-2016 at 08:46 PM..
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Old 09-08-2016, 11:13 AM
 
132 posts, read 73,299 times
Reputation: 195
Quote:
Originally Posted by Valkyr47 View Post
So what do you think they are looking for? Even if they mean misdemeanors as well, do most of these rental companies actually do a criminal background check?
I can only speak from personal experience, but I run full background and credit checks on http://www.myrental.com/ for any applicant I take seriously. I would find this out, and had you not told me it would be an immediate red flag. If I had an explination and proof that it was a mistake or that it wouldn't happen again I'd be willing to give you and your wife the benfit of the doubt.

Don't lie. It looks shady.
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