When it comes to renting properties, landlords and tenants often encounter numerous legal considerations. One particular concern revolves around the permissibility of including a felon as a leaseholder. In this article, we will delve into the question can I add a felon to my lease?
Can I Add a Felon to My Lease?
The short answer is yes, it is possible to add a felon to an existing lease. However, tenants must keep in mind that landlords are permitted to deny applications based on background checks. The best approach is for renters to consult their lease agreement and be prepared to address any criminal history concerns through the proper approval channels.
Check Your Lease Agreement
The first step is always to carefully review your existing lease agreement. Most leases will include a section specifying the process for adding new occupants. It should outline whether tenants need permission from the landlord and whether new residents are subject to a background check.
Checking your lease is critical to understanding your landlord's expectations and avoiding any violations. Violating the lease could result in an eviction, so it is in your best interest to follow the agreement terms. If anything is unclear, consult with a legal aid office to ensure you properly interpret the lease language.
Related: Can A Felon Live With Someone On Section 8?
Can a Felon Pass a Rental Background Check?
Whether a felon can pass a landlord's background screening will depend on their policy. Many landlords set time limits, such as only considering crimes committed in the past 7 years. The severity of the offense is also often a factor, with some landlords automatically rejecting applicants with convictions for violent, sexual or drug-related felonies.
Some states impose restrictions on how far back background checks can go, making older convictions invisible to landlords. A felon's chances improve if they can show proof of rehabilitation, such as current employment, positive references and certificates of completion for any drug or behavior programs. Landlords must evaluate applicants on a case-by-case basis.
Can a Landlord Refuse to Rent to a Felon?
Under federal fair housing law, felon status is not a protected class. Therefore, landlords are within their rights to deny housing to individuals with criminal records. However, screening policies must be consistently and fairly applied to all applicants.
A blanket ban on all felons could be considered discriminatory. Landlords must evaluate the details of each application, considering factors like the severity and age of the offense. They also cannot apply background check criteria selectively among applicants. Most experts agree that rehabilitated ex-offenders deserve fair and equal consideration for housing.
Ask for Reconsideration
If an application is denied due solely to a criminal record, the next step is to respectfully ask the landlord to reconsider. A well-written appeal letter accompanied by mitigating evidence can help overturn some automatic rejections.
Strong supporting documents include proof of employment, character references, past rental history evaluations or parole officer letters. In some situations, an increased security deposit may assuage a landlord's risk concerns. Using a sample appeal template ensures all relevant factors are addressed professionally. Some landlords, especially individual property owners, are open to reconsideration with new information.
Find Out If They Can Stay as a Guest
Rather than adding the felon to the lease, you could inquire if they can reside as a approved long-term guest. Most leases limit guest stays, but landlords have discretion to alter policies. Guests technically have no tenant rights, but this can provide temporary housing security.
Landlords likely prefer guests over permanently approving high-risk applicants. Offering to pay an extra fee or deposit may encourage allowance of a longer guest period to keep housing options open while you seek a more permanent solution.
Contact a Second Chance Housing Agent
If your current landlord refuses outright, continuing your search with a specialized second chance leasing agent could yield better options. Such professionals work directly with property owners receptive to renters with criminal histories.
They understand both sides of the issue and can effectively advocate on applicants' behalf. With their direct landlord relationships, second chance agents save applicants much time and effort navigating multiple rejection letters. Their services aim to direct felons towards the properties most understanding of rehabilitation and second chances.
Conclusion
Being rejected from housing due to past legal issues presents an ongoing challenge for many ex-offenders seeking to rebuild their lives. However, with diligent research and the right approach, adding a felon as an approved occupant or resident is still possible at some rental properties. Following all lease terms, providing mitigating documentation and exploring specialty assistance are key tactics than can help reopen doors after incarceration. Overall, honesty, respect and perseverance tend to achieve the best outcomes when overcoming criminal record barriers to housing.
