Landlord Background Checks: How Far Back Can They Go?
When you apply to rent an apartment or house, it's common for landlords to perform a criminal background check. This process typically aims to ensure that tenants have a clean record and are not involved in criminal activity. However, the extent to which landlords can investigate criminal records varies significantly by state and local laws in the United States. The timeframe for which landlords can check criminal backgrounds includes both felonies and misdemeanors.
Felonies and Misdemeanors
Felonies can often be more severe and involved in a broader range of criminal activities, such as violent crimes or drug offenses. For felonies, many states allow landlords to consider these convictions for up to 7 years. However, some states do not have a specific time limit, and in these cases, past felony records may be considered indefinitely.
Misdemeanors, on the other hand, involve less severe offenses such as minor theft or disturbing the peace. Misdemeanor records typically have shorter look-back periods, often around 3 to 5 years. These can vary significantly depending on the jurisdiction. Some states have laws that limit the use of criminal records in housing decisions, especially for old offenses. For example, some states prohibit landlords from considering convictions that occurred more than 7 or 10 years ago, even for misdemeanors.
Database Access and Public Information
Landlords and background check companies obtain information from various public databases, which house records of convictions and other criminal activities. These databases are maintained by the courts, local law enforcement, and other state agencies. They provide comprehensive records of all convictions made available to the public. For instance, a conviction for a minor offense, such as a traffic violation, can be publicly accessible for years, affecting your rental application.
However, accessing information from very old cases can be more challenging. In some cases, records older than a few years might not be available online, making it more difficult for landlords to check. Despite this, the records are often still available in court files and other public records. Performant background check companies have the resources to research and compile these records, but they may not always be accessible to the average landlord or tenant.
Permanency and Legality of Background Checks
The rights of landlords to perform background checks and the extent of their coverage can be complex. For example, a conviction record for a felony or misdemeanor from the year 1985 might still be accessible. Therefore, landlords may consult these records to screen potential tenants. While some locations require landlords to allow certain old offenses to be disregarded, others allow landlords to reject any applicant with a criminal record regardless of the age of the conviction.
The legality of certain background checks varies by location. In some areas, landlords may not be allowed to discriminate based on certain felonies and misdemeanors. However, in other regions, landlords can reject tenants based on any criminal history, including minor offenses. Therefore, the specific rights and responsibilities of landlords and tenants can differ significantly depending on local laws.
Resolving Issues and Tenant Rights
If you believe your rights are being violated during a background check, you should contact the relevant legal authorities immediately. You can also seek the assistance of tenant rights organizations and legal counsel. It's crucial to understand your rights and the specific laws in your state or locality regarding criminal background checks.
Tenants often have the right to request an explanation if a landlord decides not to rent to them based on a criminal background check. In many cases, landlords must provide a clear and reasonable justification for their decision, which can help protect tenants from discriminatory practices.
Conclusion
The extent to which landlords can check criminal backgrounds before renting to a tenant is a complex issue. While felony records often have a longer look-back period, misdemeanors typically have shorter ones. Understanding the specific laws in your state and the potential ramifications of these checks is crucial for both tenants and landlords. Legal advice and tenant rights organizations can provide valuable guidance in navigating this process.
References
1. FTC: Background Checks2. Background Check Legality by State3. Is It Legal to Use Background Checks on Tenants?