Tenant Screening Process: The Criminal History Check

Although each state has its own database for criminal records, there are services (such as ours) that collect the data across all states to provide a national criminal background view.

With each criminal history report, you’ll be able to see the type of crime that was committed, the state it occurred in, and the sentencing. If you’re using the reports for tenant screening, you may be able to determine if there’s a pattern or recurring problem. If there have been recent convictions or there looks to be a continued pattern of crime and violence, you’re within your rights to decline the application.

While it’s not explicitly against Fair Housing laws to decline to rent to a convicted felon, it’s imperative that you follow a standard set of screening procedures that you use every time you screen a prospective tenant.

If you are using a criminal record to discriminate against applicants, or you have a blanket policy against renting to anyone with a criminal history, you could be found in violation of the Fair Housing Act. Make sure you understand how to properly evaluate a criminal background check and know which circumstances you’re within your rights to deny a tenant based on their criminal history.

Note that some states and cities have passed legislation to limit a landlord’s ability to run criminal background checks in the screening process, so make sure that your local laws allow background checks.

Next, we’ll discuss how to put the rental application and reports together to determine if a tenant is the right fit.