How far in the past may a landlord considerregarding a criminal background check?

UPDATED: Aug 15, 2011

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How far in the past may a landlord considerregarding a criminal background check?

I have no felonies, and nothing in the past 12 years. Prior, I have misdemeanor 4 indecent exposures. Is the limit 7 years in background checks in TX?

Asked on August 15, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A potential landlord can go as far back in one's past as he or she may desire concerning a person's criminal background check for evaluating an applicant for a rental. The length of time varies according to the goals, custom and pracrices if each individual landlord or property management company.

Landlords have a duty to make sure that potential applicants for a rental are not a safety risk to exisiting tenants in a complex as well as the landlord and this is one of the reasons for a criminal background check of an applicant.

Likewise, if a possible tenant is required to be a registered sex offender, the landlord if accepting the application would be under an obligation to make sure that the applicant registers timely at the new rental as a condition of the written lease.

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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