Officers arrested two people on suspicion of human trafficking after 29 possible victims were found at various properties in Wichita, KS. A tenant criminal background check can help you avoid dealing with illegal activity at your rental property. It will also lessen the chance of complaints and property damage.
The tenant screening process usually involves credit checks, eviction histories, and criminal reports. This information is important as a tenant with a criminal history can impact your rental property's status.
However, you should also know the potential legal consequences when using report results. This article will help. It provides a comprehensive guide to tenant criminal background checks.
Legal Considerations
A tenant criminal background check can protect you and your property. However, potential candidates also have rights covered under Fair Housing laws and anti-discrimination regulations.
Your screening policy should be consistent and applied equally to all applicants. You cannot simply deny a potential tenant based on criminal history. You must have a legitimate business reason to justify your decision.
Taking this stance also increases your chances of a discrimination charge. Blanket bans due to criminal history disproportionately impact certain protected groups.
Wichita tenant screening laws also advise having a consistent application procedure. The city's Landlord & Tenant Handbook should be a Wichita landlord's guide as it includes additional local regulations.
Key Components of a Tenant Criminal Background Check
A criminal records search will vary based on the tenant screening service you use. A basic search will include:
- A Nationwide Criminal Search
- Sex Offender Search
- OFAC, Terrorist and Federal Search
The Nationwide Criminal Search will list all criminal offenses. It will have descriptions of both misdemeanor and felony crimes.
A Sex Offender Search will include sex offender registries nationwide. Results will provide details such as the physical appearance of the offender.
The Office of Foreign Assets Control (OFAC), Terrorist, and Federal Searches flag parties on each watchlist.
Additional searches may include Civil Judgments. A Social Security Fraud Check verifies a tenant's Social Security number. These searches are available if requested.
How to Conduct a Tenant Criminal Background Check
You'll need written, signed consent from an applicant before running a criminal background check. You should also clearly state your intent to conduct one in the rental application.
Using professional screening services can save you time. You can choose the type of screening you require based on your budget. However, interpreting the results is solely at your discretion.
Best Practices for Wichita Landlords
Wichita landlords should establish consistent screening criteria for applicants. When interpreting criminal background results consider the nature and timing of offenses.
You should also document the decision-making process. This helps you justify your final decision if there are legal ramifications.
However, try to avoid blanket policies against all criminal histories. Instead, assess each case individually.
Safeguard Your Community and Property
Safe rental properties safeguard tenants, landlords, and the community. Rental safety tips can help you achieve this. A tenant criminal background check can, too.
Never underestimate a background check's importance. It allows you to assess potential candidates. However, landlords should have a comprehensive and fair screening process.
PMI Wichita can help. We have over 20 years of property management experience. Our clients appreciate our honesty, integrity, and overall stellar customer service. We can provide the same for you.
Schedule your FREE consultation today!
