What Charges Can Stop You From Getting an Apartment

Cindy Ellis - March 15, 2024

When you’re trying to rent an apartment most landlords will run a background check on you. Unfortunately, some charges can stop you from getting an apartment if they show up on a background check.

While most states have protections in place to prevent landlords from banning tenants due to a charge, some charges don’t fall under that protection. For example, sex offense crimes and other felonies can prevent you from renting.

In order to be prepared to rent an apartment or home it’s important to know what charges can stop you from getting an apartment. If you’re curious, you’re in the right place because this article takes you through how landlords run background checks and the types of charges that will prevent you from renting.

Read on to learn more below.

Do Landlords Run Background Checks on Tenants?

It’s common knowledge that landlords will run a credit check on a potential renter to avoid tenants who can’t pay their rent. Credit reports will also help them discover bankruptcies, delinquencies, and some other credit problems. For this reason, credit history background checks are common, but what about other types of background checks?

When it comes to background checks, landlords run many different types of checks, but it can depend on the landlord. For example, apartment complexes might run more in-depth background checks and have higher standards, while individual landlords may be more lenient or not run a background check at all.

The types of information that a landlord will look for on a background check include:

• Sex offender status
• Criminal records
• References
• Identity verification
• Public records searches
• Civil court records
• Jail sentences

There’s a good chance that if it’s a public record, a landlord can find that information.

How Far Back Do Background Checks Go?

Background checks usually have a lookback period, which is a law that many states implemented to help people who have felonies or misdemeanors on their records. These lookback periods are usually seven to ten years, so you might not have to worry about some older felonies.

However, landlords can look back up to 20 years or more on a background check if someone has violent felonies or sexual offenses. This is because these charges don’t fall under that rule and can’t usually be expunged.

You can also expunge crimes from your record, but you’ll have to win a court case and have a judge agree to allow you to expunge the record, which can be hit-or-miss, depending on your situation. Still, it’s worth a shot if you’re worried about your record.

Can Charges Stop You From Getting an Apartment?

Yes and no. In most states, landlords can’t prevent you from renting just because of a criminal record. For example, if you committed tax fraud and served time for a year, it will appear on your record, but it’s not something your landlord can use to prevent you from renting.

On the other hand, if you committed crimes that impact your ability to be a good tenant, like arson, it’s possible for landlords to deny your application based on that specific charge.

A great example of this is how New York handles drug production charges. If someone produces methamphetamine or other drugs in a rental space or their previous home, applicants can be ineligible for certain types of housing offered by the state.

Ultimately, it comes down to the charge and how long ago the crime happened.

Can Charges Stop You From Getting Government Housing?

Many states have public housing programs or rental properties that are provided by the government. For example, New York has some housing options from the city’s government that charge renters based on their income. This type of public housing is common and available for people who have felonies and misdemeanor charges.

That said, public housing can deny people housing if they have sexual felonies or violent felonies. You’ll have to check with your state’s laws on the matter to determine if you have a chance at renting public housing.

Can Charges Stop You From Buying a House?

Yes, charges can stop you from buying a house. While you’ll usually have better luck buying than renting, some mortgage lenders will run a background check, and they may deny you a conventional mortgage loan if you have a criminal record.

Additionally, some mortgage lenders will create their own rules and only allow people with misdemeanors or violations to get funding for a mortgage.

Can Felony Charges Stop You From Getting an Apartment?

Yes, felony charges can stop you from getting an apartment. In fact, felony charges are the most common types of charges that will get someone denied from an apartment. This is because felonies are the most serious types of crime and they often require harsh punishments like a minimum of one year in prison.

Landlords can view information about felonies with a criminal record search and some felonies will stay on your record for up to seven years. Furthermore, some felonies can remain on your record indefinitely, like sexual assault, so apartments can check felonies that are decades old depending on the charge.

What Types of Felony Charges Can Stop You From Getting an Apartment?

Any felony can stop you from getting an apartment because it’s up to the landlord’s discretion. If you’re renting from an individual, they might take some felonies more seriously than others or check to see if you’ve changed by keeping your record clean.

On the other hand, renting from apartment complexes or housing companies may result in problems because they might have specific policies in place.

The most common types of felony charges that may prevent you from getting an apartment include:

• Acts of terrorism
• Acts of treason
• Drug trafficking
• Sex crimes
• Assault and battery
• Arson
• Destruction of property

These are only a few felonies that may disqualify you from renting an apartment. Ultimately, it comes down to the landlord and the type of felony that you have. You can also have the felony expunged from your record if you take it to court again. Consult with a lawyer before going this route to see if it makes sense for you.

Can Misdemeanor Charges Stop You From Getting an Apartment?

Misdemeanor charges can stop you from getting an apartment. While a misdemeanor is less serious than a felony, they will appear on your criminal record and they can have some serious consequences like community service, jail time, and hefty fines.

For some landlords, a misdemeanor is something that will prevent them from renting an apartment to you. Many apartment complexes will have rules in place that determine what charges stop you from renting.

What Types of Misdemeanor Charges Stop You From Getting an Apartment?

Misdemeanors are usually less serious than felonies, but landlords can still view them as problematic. For example, they might not want to rent to someone who has a DUI because it displays reckless behavior. Other misdemeanors like disorderly conduct can also result in someone being denied for a rental property.

Some of the most common misdemeanor charges that prevent people from renting include:

• Trespassing
• Assault
• Some drug charges
• Vandalism
• Theft
• Gun possession
• Reckless driving
• Indecent exposure
• Battery
• Robbery

Many misdemeanor charges are less serious charges for felonies. For this reason, most of the felony charges that would prevent you from renting will also prevent you from renting as a misdemeanor.

Check Your Background With Information.com

The best way to apply for an apartment is to check your background before you apply. This will ensure that you’re prepared for anything that might come up. You’ll want to stay up-to-date with your rental history report, public records, credit history, and criminal records.

While you would usually have to search for all of this information in a separate location, Information.com brings it all to you in one comprehensive full report.

When you use Information.com’s background check tool you can view anything that would appear on a background screening that a landlord would run on you.

Therefore, you can see what you might have to explain or determine if something doesn’t look right on the report before you apply. In fact, if there are errors on your full report, you should have them fixed before renting to avoid getting denied.

Apply for an Apartment With Confidence Today

Applying for an apartment or rental housing can be tricky. We live in an era where landlords will go through all of your public records before allowing you to live in one of their properties.

We always recommend using our background check tool to be prepared for a landlord’s background check. With Information.com you can view your criminal records, public records, and other personal records that a landlord might check.

While it might add some time to your rental application process, it can prevent you from applying to places that won’t accept you.