Renting an apartment can be challenging for anyone, but it can be especially difficult for someone with a felony conviction on their record. From overcoming stigmas to sharing your story with landlords, renters in this situation can face many hurdles throughout their apartment search. However, that doesn’t mean they shouldn’t try.
With preparation, perseverance, and industry insight from ForRent.com, you can increase your chances of renting an apartment after a felony conviction. In this guide, we’ll share some helpful information on anticipated challenges and paths to success for renters in this unique position.
Here’s an overview of what we’ll cover:
- Understanding apartment background checks
- Apartment search tips for renters with felony convictions
- How to improve your chances of renting an apartment after a felony conviction
Understanding Apartment Background Checks
It’s no secret that criminal history can complicate the rental process, particularly when it comes to background checks. Though not legally required in every state, background checks are a main component of the tenant screening process, revealing an applicant’s rental, employment, credit, and criminal history.
Why landlords conduct background checks
Landlords conduct background checks to ensure their property falls into the right hands. When handing over the keys, they want to be 100% confident that their tenant is reliable and trustworthy, meaning they’ll pay rent on time, care for the property, and abide by the rules of the lease agreement.
A background check will essentially confirm that an applicant is who they say they are. If it reveals any red flags, such as past evictions or a poor credit score, a landlord has the right to deny the applicant. However, when it comes to an applicant’s criminal history, the decision is often more nuanced and requires careful consideration.
Where the FHA comes into play
The Fair Housing Act (FHA) is a federal law that protects rental applicants from unfair discrimination. Under its ruling, landlords are not allowed to deny applicants based on race, color, religion, sex, national origin, disability, and familial status. However, its protections also apply to those with criminal history.
The FHA prohibits discrimination through “arbitrary or broad application policies,” meaning landlords can’t implement blanket policies excluding broad groups or classes of applicants. In the context of criminal records, a landlord cannot deny an applicant just because of their criminal history. Rather, they must evaluate these individuals on a case-by-case basis.
The general rule is that criminal offenses should be evaluated by their nature and severity. If the conviction indicates potential threats to the property or neighboring community, the landlord can deny the applicant. However, if the applicant poses no current danger, they should be given fair consideration like any other candidate. Factors such as the time since the conviction, evidence of rehabilitation, and character references can also influence the decision-making process.
Preparing for the Apartment Search
With a deeper understanding of your rights and protections under the FHA, we hope you’re feeling more optimistic about your search! Approaching your apartment hunt with confidence and industry insight will help you put your best foot forward. To further support your journey, we’ve outlined additional tips and advice below to help you make the most of your search.
Gather character references
Character references can be an invaluable resource for renters with a criminal history or felony convictions. These letters, written by people who know you well—such as coworkers, friends, or family members—serve as personal endorsements of your reliability, trustworthiness, and ability to be a responsible tenant. By highlighting your positive qualities, strong character references can help address a landlord’s concerns about your past and may even sway their decision in your favor.
Plan how to address your background
Renters with felony convictions should anticipate questions. If a landlord is considering you, they’ll likely want to know more context about your past. While you can always choose to speak on the fly, it never hurts to plan ahead. Doing so will ensure you come across as genuine, honest, and prepared.
When addressing your criminal background, follow these steps:
- Be honest: Honesty is key when addressing your background. Be transparent about your past convictions and any other relevant information a landlord may need to know. Lying or withholding information could potentially lead to rejection of your application.
- Provide context: Explain the circumstances surrounding your conviction, such as how long ago it was, if you have completed any rehabilitation programs, and what steps you have taken to turn your life around since then. This can give landlords a better understanding of who you are now compared to who you were in the past.
- Offer references: As we just mentioned, references can really help when renting with a criminal history. If you haven’t provided them already, give the landlord your references, including letters or contact information. Explain your connection to these individuals and why they’re supportive of you.
Have all other documentation ready
In addition to references, make sure you have all your other ducks in a row before applying for an apartment. These will include all necessary application materials, such as proof of income, identification documents, credit reports, etc. Having all of these ready and organized beforehand will make the application process smoother and increase your chances of being approved for the apartment. Also, be prepared to pay any necessary fees, such as application fees or security deposits.
Strategies to Improve Your Chance
Along with the preparational tips above, there are other ways to set yourself up for success when renting after a felony conviction. Though they’re not necessarily foolproof, here are a few approaches you can take to make your apartment hunt easier:
Rent from independent owners
Though your sights might be set on a large apartment building, you may have better luck with privately owned residences. Large apartment communities are typically operated by property management companies (PMCs), which tend to have more stringent screening processes and rules. Independent owners, on the other hand, tend to offer more flexibility.
Renting from an independent offers a more personalized and casual approach to the leasing process. This can be especially beneficial for renters with a criminal history, as it allows for open communication. You’ll have more chances to explain your circumstances, provide references, and work with the landlord to find mutually agreeable solutions.
Work with a co-signer or guarantor
Having a co-signer or guarantor can be an excellent strategy for renters with a criminal record. A co-signer is a trusted third party who signs the lease alongside you and agrees to take financial responsibility if you cannot meet your rent obligations. They essentially act as a financial lifeline, ensuring rent gets paid no matter what happens. This is especially helpful for those with a criminal history, as it can mitigate a landlord’s concerns about irresponsible tenant behavior affecting their bottom line.
Search for second-chance properties
Resonating with its name,
second-chance housing offers opportunities for felons, at-risk adults, low-income individuals—anyone who needs a second chance—to find affordable and safe housing options. These programs are designed to help individuals rewrite their stories and build a better future in a place that feels like home.
While you’ll still have to meet certain requirements to lease a second-chance property, the criteria are often less strict than those of traditional housing options. For example, a property might accept applicants with felony convictions if a certain amount of time has passed since their sentence. Or they might overlook bad credit or prior evictions if the applicant can show a steady income or rental history since then.
Start a New Chapter with ForRent.com
Ready to leave the past behind and start a new chapter? Put your trust in
ForRent.com! With thousands of rental property listings, including apartments, condos, townhomes, and houses, we can help you find the perfect home for your fresh start.
Beyond our search tools, we also offer helpful resources for renters on our
Apartment Living blog, including tips for
living with roommates,
renting with pets, and
handling rental applications with poor employment history. We understand that finding a new home can be challenging, especially if certain circumstances are working against you. That’s why we’re dedicated to helping all individuals find safe and comfortable housing options.
The above information is in no way intended to be a substitute for qualified legal advice. Please conduct your own research and comply with all your state and local laws. If you need further assistance, consider reaching out to a local housing agency or legal aid organization for guidance and support.
FAQs
Can I rent an apartment with a criminal record?
Yes, it’s possible to rent an apartment with a criminal record, but it may depend on the severity and type of offense, as well as the landlord’s policies.
Is it hard for felons to get an apartment?
It can be challenging for felons to secure an apartment. However, it’s possible with proper preparation and finding landlords willing to work with individuals with criminal records. It’s important to be honest about your record and provide references or proof of rehabilitation to increase your chances of being approved for an apartment.
How far back do most apartment background checks go?
Most apartment background checks typically go back 7-10 years, but this can vary based on state laws and landlord policies.
What will stop you from being approved for an apartment?
Factors like a criminal record, poor credit history, prior evictions, or insufficient income can prevent you from being approved for an apartment.
