As a landlord, you have the right to choose who you rent your property to. However, when it comes to tenants with criminal records, the situation can be a bit more complicated. In California, there are laws in place that protect tenants with criminal records from discrimination. In this article, we will explore the topic of whether or not you can refuse to rent to tenants with criminal records in California.
California Tenant Criminal Records
Before we dive into the topic of refusing to rent to tenants with criminal records, let’s first define what a criminal record is in California. A criminal record is a record of a person’s criminal history, including any arrests, convictions, and other legal issues. In California, criminal records are maintained by the California Department of Justice and can be accessed by landlords through a background check.
Can You Refuse to Rent to Tenants with Criminal Records in California?
The short answer is no, you cannot refuse to rent to tenants with criminal records in California. The California Fair Employment and Housing Act (FEHA) prohibits landlords from discriminating against tenants based on their criminal history. This means that you cannot deny a tenant housing based solely on their criminal record.
However, there are some exceptions to this rule. If a tenant has been convicted of a crime that is directly related to the safety of other tenants or the property, you may be able to deny them housing. For example, if a tenant has a history of arson and you are renting out a property with a fireplace, you may be able to deny them housing based on their criminal record.
It’s important to note that you cannot deny housing to a tenant based on their arrest record. Only convictions can be used as a basis for denying housing.
What Should You Do if You’re Unsure?
If you’re unsure about whether or not you can deny a tenant housing based on their criminal record, it’s best to consult with a lawyer. They can help you navigate the complex laws surrounding tenant criminal records in California and ensure that you are not violating any laws.
Conclusion
In conclusion, while you cannot refuse to rent to tenants with criminal records in California, there are some exceptions to this rule. If a tenant has been convicted of a crime that is directly related to the safety of other tenants or the property, you may be able to deny them housing. However, it’s important to consult with a lawyer if you’re unsure about the legality of denying a tenant housing based on their criminal record. By following the laws surrounding tenant criminal records in California, you can ensure that you are treating all tenants fairly and avoiding any legal issues.
FAQs
Can I deny housing to a tenant based on their arrest record?
No, you cannot deny housing to a tenant based on their arrest record. Only convictions can be used as a basis for denying housing.
What should I do if a tenant has a criminal record?
If a tenant has a criminal record, you should treat them like any other tenant. Conduct a background check and evaluate their application based on their credit score, income, and rental history.
What if a tenant’s criminal record is expunged?
If a tenant’s criminal record has been expunged, you cannot use it as a basis for denying them housing. Expunged records are considered to have never happened.
