Are you looking to rent a new apartment or house? You’ve found a few places you like and are ready with your security deposit. You’ve probably considered the credit check, but have you considered the background check? This article will explore will a DUI affect renting an apartment, including whether a DUI can appear in a background check and how it might impact your rental application.
Can a DUI Stop Me from Renting an Apartment?
If you’ve been convicted of a DUI and are applying for a new rental or renewing your lease, the impact will depend on the landlord’s policies and how they view such offenses. Some landlords may be more lenient with a single misdemeanor conviction, while others may be stricter, especially if you have a more extensive criminal history.
A DUI does not automatically disqualify you from renting an apartment. However, it could make the process more challenging, as some landlords may hesitate to approve tenants with criminal records. Finding a landlord who is willing to overlook your conviction might require extra effort.
Can a Landlord Deny My Rental Application Because of a DUI?
If a landlord checks your background and discovers your DUI conviction, they may choose not to rent to you and have the legal right to do so. Landlords can check both your credit report and criminal history. They may ask for it but only sometimes need your permission to run a background check.
Can a Landlord Tell Me Not to Apply?
Some landlords may have policies against renting to individuals with criminal records. They might ask upfront if you have a criminal record, and if you answer “yes,” they could decline your application. However, refusing to rent solely based on a criminal record is not always considered discrimination under the law.
If you believe you were discriminated against, you can seek assistance from the Department of Housing and Urban Development (HUD). HUD enforces the Fair Housing Act, which prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, or disability. While a criminal record is not a protected class under the Act, policies that disproportionately affect certain protected groups could be deemed discriminatory. HUD evaluates such claims on a case-by-case basis.
Your Rights If a Landlord Rejects Your Application Due to a DUI
If a landlord checks your background, finds your DUI (or another criminal conviction), and rejects your rental application, they must:
- Notify you of the adverse decision in writing, orally, or electronically.
- Provide contact information for the company that supplied the background report.
- Inform you of your right to correct any inaccuracies in the report and receive a free copy within 60 days of their decision.
Need Help with DUI Defense?
A DUI conviction can impact your housing, education, and employment opportunities for years. Contact KGO Law Firm for expert defense if you are facing DUI charges. Our DUI defense lawyers offer free consultations. Let us help you protect your rights.
