Legal Question in Landlord & Tenant Law in Florida

My boyfriend and I were trying to rent a townhouse in an area where there is a homeowners association. They denied our application because on the background check there was a history of arrests about 5 or 6 years ago but he was never convicted of any of them. They told us that they could deny an applicant if there is a felony. Can they really deny us just because he had been arrested in the past for what could have been a felony or is it only if he was convicted of the felony charge?


Asked on 12/01/10, 10:07 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your answer depends on the wording of the Association's agreement with the property owner. If the property owner agreed that persons with questionable backgrounds would be refused, then the association is probably within its rights to deny your application, based on the theory of "where there's smoke, there's fire".

The fact that he was not convicted does not make him into a great renter or neighbor. The fact that he has a "history of arrests" indicates that he has a penchant for finding trouble and getting himself arrested. You are also being painted with the same brush, because you associate with someone with a "history of arrests", this makes you look like a bad choice as a renter or neighbor, because it indicates that you have poor judgment.

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Answered on 12/06/10, 10:32 am


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