|
Support Center
Home
FAQ
Forums
Tickets
Return to ezLandlordForms
Enter your search term here...
Search
New support ticket
Check ticket status
1-877-367-6771
Start a new topic
Discussions
ezLandlord Questions and Answers
Other
Felon's Rights
D
Dianna A
started a topic
about 7 years ago
I bought my home 2 yrs.ago. it is a dbl.wide mobile home. However,the land it is on is rented. I recently got married (6mos.a go) and just now,the property owner wanted an "occupancy app.' Done for my husband (a "felon") so here we are a week later being told that he can no longer be on the property...please help?!?!
2 Comments
Oldest First
Popular
Newest First
Sorted by
Oldest First
S
Stan M
said
about 7 years ago
!st you should have a letter stating whey he was refused......Also, Google NY landlord and tenants rights or contact a lawyer
J
Jacqueline O
said
about 7 years ago
Is your husband/boyfriend on the original lease? Most leases allow for short-term "guests," usually one week or less. However, if your husband is living there and not on the lease, that's an entirely different story. In that case, your husband has no right to live there, regardless of his status as a felon and even if the mobile home is yours. You still rent the land. If your husband was not on the original lease, was he added later in writing and agreed upon by the landlord/property owner (signed agreement)? If your husband is nowhere on the legally-binding lease even as an add-on, the landlord/property owner does not have to allow him to stay on the property regardless of his status as a felon. In that case, your husband is a squatter and, as such, bypassed any background screening that might have been conducted by your landlord. This creates an atmosphere of liability for the landlord in a variety of ways - too many to address in this forum. In short, though, you probably breached your contract with the landlord if your husband is not on the lease but is living on the property. Also, if your husband is on the lease but you hid the fact that he is a felon, this could possibly equate to falsifying information on the application or lease to live there. Without knowing the full details, I am merely speculating. However, if your landlord discovered the omission, then he is within his rights to not allow your husband to stay on the property. The easiest way for the landlord to do this is perhaps to simply choose to not renew your lease rather than initiate an eviction proceeding. It would really depend on how much time is left on your lease. Finally, it is not illegal for landlords to refuse to rent to felons. Under the federal Fair Housing Act, the Fair Housing Amendment Acts (42 U.S. Code 3601-3619, 3631), landlords cannot legally discriminate against protected classes of people: race, color, religion, sex, national origin, disability/handicap (physical or mental), or family status (a family which includes minor children or pregnancy). Being a felon is not a legally protected class of people. However, state law may have different statutes specifically applicable to felons, so check with your state's landlord-tenant law to see if anything applies. But, if your husband is on the lease, but your landlord later found out that your husband is a felon (a fact that you omitted), then your landlord is under no obligation to renew your lease. As a landlord, part of my application process requires a credit check and a background check. As a matter of policy, I do not rent to people with bad credit scores or a criminal history. The best predictor of future behavior is past behavior, and without getting deep into the philosophy of "rehabilitation," once a criminal, always a criminal. Therefore, I find no fault with your landlord for wanting to rid himself of your husband and any potential problems associated with your husband's potential for criminality or the attraction of other criminals to the property. Finally, your landlord ultimately owns the land. Once the lease terms expire, the landlord is under no obligation to renew the lease for any reason - provided he gave you adequate notice of his intent to not renew. Usually, on a 1-year lease, one or two months is considered adequate notice, depending on state law. At any rate, I am not an attorney. My knowledge could be wrong, and as such, this post is for informational purposes only. Use the information provided to you for your benefit or detriment. Either way, I am not liable for any action you take or don't take.
Login
to post a comment
More topics in
Other
Bad hygiene
notice to show
landlord tenant code handbook for Honolulu ,Hawaii
I have a tenant for a storage unit that moved in .
complains about everything
Security Deposit/Normal wear and tear?
appropriate rent reduction for appliance down time
A tenant that is witholding rent
lease acceptance
conflict over each others' noise
ezLandlord, Inc. 22228 St. Barts Lane Estero, FL 33928
BECOME A MEMBER
-
DOCUMENTS
-
TENANT SCREENING
-
RENT PAYMENT
-
PRICING
-
RESOURCES