I'm reviewing our current application (see attached) and am considering adding a section about criminal background. Does anyone have criminal background on their application & if so how is it worded?
We don't have a criminal background on our application, but I always ask prospects if I'm going to find anything on their criminal/credit report that we need to discuss. This gives them the opportunity to disclose/explain something ahead of time. We always run a criminal check, but don't have a spot for it on the application. I have seen this many times on employment applications, and it's usually worded something like "have you had a felony in the past X years?" and then some space to write an explanation. I have found that people with a criminal background can never explain themselves in the tiny space provided.
Below is what we have in the footer of our application:
Applicant has submitted the sum of $____________ which is non-refundable for credit check processing charge of the application. Such sum is not a rental payment or security deposit, and will be retained by the owner or its agent to cover the application’s processing cost. Applicant hereby represents that all the above statements are true and correct and are made to induce owner and its agents to lease or rent an apartment. Owner and its agents are hereby authorized and given the right to verify by reasonable means the application, including, without limitation, ordering credit and criminal reports, and authorized to exercise in its sole discretion as to whether to reject the application and/or to terminate any lease which may be entered into between the parties, pursuant to this application, whether during the term of said lease or any extensions or renewals thereof, if the applicant has made any false or misleading statements or misrepresentations in this application. It is understood and agreed between the parties that in the event this application for said apartment is rejected by the owner or its agents then the said sum so received hereinbelow shall be returned to applicant without interest. It is further understood and agreed that in the event said application is approved and accepted by the owner or its agents, then said amount received below shall be applied to that security deposit and administrative fee so called for in the lease entered into between the parties. It is further understood and agreed between the parties that in the event that said application is approved and accepted by the owner or its agent and applicant refuses to enter into a lease agreement for the period of time as called for in applicant’s application, then the sum so received herein shall be retained by the owner or its agents to serve as liquidated damages it will suffer by reason of applicants failing to enter into residency of the above stated apartment, but the acceptance or rejection of applicant shall remain within the sole discretion of owner and its agents. If owner or its agents cannot deliver possession of the premises to the Applicant at the commencement of the term, all deposits/fees less application fee paid to owner shall be refunded to Applicant.
Applicant has delivered the sum of $_____________ for deposit and application to the security deposit and administrative fee for the above stated unit.
Applicant’s Signature _________________________________ Date _______ Leasing Agent Signature ___________________________ Date _______
Spouse’s Signature ___________________________________ Date _______ Property Name_______________________________________________
We have a seperate sheet that is attafhed to the application. It gives us permission to pull a credit & criminal report. I tell all applicants this before they are given the application. I also highlight the place to sign on the consent form.
Hope this helps
I have a section of my application called "prescreening questions" and two of the questions deal with criminal backgrounds:
Have you or any proposed occupant been convicted or plead no contest to a felony? Yes no
Explain:
Have you or any proposed occupant ever been convicted of criminal sexual conduct such that you are required to register/ notify local law enforcement agency of your address?
No YES
Of course we have as well the disclosure much the same as Pedro's advising the prospect that we will be doing a credit and criminal background check ours is worded a little differently because we are located in a college town where we lease up months in advance so we have nonrefundable holding fees etc...
I have worked for companies that have something on the application as well as companies that have an application addendum. Here is the wording for one app that I have used.
All Criminal convictions which involve Moral Turpitude (i.e., drug involvement, selling, manufacturing or possession of a controlled substance (more than 2 oz. within the past 7 years), prostitution, theft, sexual offense, etc.), Deferred Adjudication for any such offense, or Probation for a Felony shall be considered reason for denial.
Any unanswered “yes” or “no” question shall result in the denial of your application.
Are you or any member of your household currently engaged in criminal activity? _____ Yes ______ No
Have you or any member of your household ever been convicted of or pled guilty or “no contest” to any felony? _____ Yes _____ No
Have you or any member of your household ever been convicted of or pled guilty or “no contest” to a sexual offense? _____ Yes _____ No
Have you or any member of your household ever been listed on a registry of sexual offenders? _____ Yes _____ No
Have you or any member of your household ever been convicted of or pled guilty or "no contest" to any drug-related criminal offense? _____ Yes _____ No
Have you or any member of your household ever been evicted? _____ Yes _____ No
Are you or any member of your household a Specially Designated National or other Blocked Person designated by the United States government as a person who commits or supports terrorism or is involved in international narcotics trafficking? _____ Yes _____No
If yes to any of the above questions, please explain, providing the location, date and nature of the offense: _______________________________________________________________________________________
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