Legal Question in Real Estate Law in California
Criminal Check
Is it legal in California for an apartment complex to run a criminal check on you when you apply for a rental?
Asked on 1/05/04, 6:43 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Criminal Check
A landlord can run a background check that includes both the prospective tenant's convictions and arrests that did not result in convictions.
Credit reporting agencies can report convictions to landlords, but not mere arrests. However, the landlord himself, herself or itself can go to the courthouse and look up anything in the public record.
Landlords should use sound discretion in refusing to rent to individuals based upon arrests that don't result in convictions. This could be evidence of some kind of discrimination.
having said all that, the answer to your question is YES, it is legal.
Answered on 1/05/04, 9:17 pm