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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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Do I have to disclose to a tenant that a red maintenance

Customer Question

Customer: Do I have to disclose to a tenant that a hired maintenance contractor or employee has a felony on their record? I am a property managment company.
JA: Thanks. Can you give me any more details about your issue?
Customer: No issues yet :-). But when we use a regular contractor or hire an employee as a ma***person we do back ground check..and in several cases they have revealed (maintenance tech acknowledged also in interview) they have a felony. Example a kid that was convicted of meth use 1***rs ago.
JA: OK got it. Last thing — C**** Lawyers generally expect a d***it of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 10 months ago.

I hope this message finds you well. I am a licensed attorney with over a decade of criminal law experience. It is a pleasure to assist you today.

What state are you located within? I can run a quick search to make sure one way or the other, but in most cases, you do not have to disclose a felony conviction in this circumstance.

I look forward to hearing back from you at your convenience.

Best!

Customer: replied 10 months ago.
Minnesota is the state. Naturally the concern is my company knows about it and something "illegal" happens? How does it circle around to My company? Same as a sex offender- while no crime has been committed for 10 years, we knew about the crime and knowingly allowed contractor or employee to service the home? I just heard rumored there was a case and even some "law" based on it..But I do not believe that is the case.
Expert:  Delta-Lawyer replied 10 months ago.

There is no statute in Mi**** that requires disclosure that a felon is working on the premises. There are laws on the books that require background checks and which preclude felons from being man*** of apartments. Take a look at this link on page 59 for this information: https://www.house.leg.state.mn.us/hrd/pubs/bkgdchck.pdf

As to liability outside of the statute, there is no foolproof way to prevent suit...even frivolous suits occur all of the time and are costly to defend. That said, there is liability associated with employing a felon. So, you are left with two options:

(1) Don't employ them at all; or

(2) If you employ them, make sure that you have documented your background searches, received letters of reference from reputable individuals as to the character of the person, etc. Make sure you can show due diligence in an effort to "predict" the likelihood of trouble from the felon is not that great.

If you are asking me what I would rec***d, unfortunately, it would be to not employ the felon. This is the only measure to e*** the threat of litigation based on the employment of a felon. A step down would be to inform the tenants, but I feel as though they will immediately call for their termination - so you circle back around to the original problem.

In conclusion, you are no mandated to disclose this and you can employ a felon in this circumstance. That said, it can result in liability if you are sued based on the record of the person.

Let me know if you have any other questions or comments, and please rate my answer positively (three or more stars).

Best wishes going forward!

Expert:  Delta-Lawyer replied 10 months ago.

ust checking to see if you had any additional questions or comments. I want to make sure you are as comfortable as possible moving forward. Thanks