Can a renter deny an applicant based on prior criminal history?
can a renter be evicted because there boyfriend or girlfriend has a past criminal history ? can a renter b forced or deceived into an agreement that is unconstitutional?
Answers:
It all depends on what you rental contract instates, if I were you I would read your contract and find out. As for them forcing or decieving you in to something that is unconstitutional, that is against the law and if you feel you have been a victim of that then you need to call the equal rights housing department at you local police station.
If the "Criminal's name " is in the lease some Apartment Managements required a background check in order to lease the apartments. Here in Maryland there are a few where they will not allow you to live there if you are a convicted felon, which I'm sorry is good, they said it is to protect the exclusivity of the apartments and for a safe environment
in port hueneme california, we are in the process of profiling renters and removing them based on priors. it is legal and it's about time.
however, if you're an owner, you can shoot heroin on your front porch.
A landlord can deny housing to any applicant for any reason he wants, as long as it's not a reason that's specifically prohibited by law such as discrimination against race, gender, age, handicap, religion, marital status, national origin, or in some jurisdictions sexual orientation. Personally, as a landlord I would use discretion and consider exactly how serious the crime was and how long ago it was committed. However, if somebody's already a tenant there and there is a written lease (as opposed to only having an informal month-to-month "at-will" tenancy) he can only be evicted if he violates a rule in the lease. It's quite legal for a lease to have a rule that allows termination of the tenancy if the tenant has ever been convicted of a crime. I see no reason why a lease also cannot contain a term that prohibits a tenant from bringing anybody onto the property who has a criminal history, although you would already be in violation of the occupancy limits placed on the apartment if you have an additional person coming to live there with you without the landlord's approval. For instance, I rent out a downstairs apartment in my house and and I have a strict policy of one occupant only, and only the person who signed the rental agreement is allowed to live there. It's a pretty typical rule. This is because additional occupants tend to create more wear-and-tear on the apartment, take up more parking spaces, and use more water and other utilities per month and the rent charged doesn't cover that. Not to mention, you wouldn't want somebody living on your property who you don't know and never had a chance to check out. The Constitution has nothing to do with housing laws, as tenancy is an agreement between private citizens and the landlord doesn't work for the government. However, if a landlord has a tenant sign a lease that contains any illegal terms (i.e. a "no children" policy), those terms are automatically rendered null and void and cannot be enforced if the landlord tries to evict him for violating them.
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