Can I be refused renting a home due to a new and first dui charge

UPDATED: Oct 1, 2022

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Can I be refused renting a home due to a new and first dui charge

I got a dui in may and we just went to court and its finally showing up on my credit and criminal record. I am in the process of trying to move to a new rental home in another town nearby. Can the dui charge give the landlord the right to not rent to me even though I have paid my rent on time for over 30 years and never had a dui before? If they stop me from renting – then what do I do, how do I get around it? My lease is up on Oct1st and the place is already re-rented

Asked on September 14, 2017 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you already have a new signed lease, the landlord is obligated to it and must rent to you, as per the lease (e.g. for the length or term of the lease). If you don't currently have a new lease, a landlord may refuse to rent to you due to a DUI; landords have a great deal of discretion about who to rent to, and criminal backgrounds (especially recent ones) and potential evidence of a substance abuse problem (and a DUI can be both) are accepted grounds to not lease to someone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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