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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35390
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I have been living in an apartment months. Ownership changed

Customer Question

I have been living in an apartment for 14 months. Ownership changed on January 1st. The new owners now want us to fill out an application. The question is there is a statement that says if you have a felony a person can not live here. Can they make me move out?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 9 months ago.

Good morning Bobby,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. When was the lease you were under right before the ownership change scheduled to terminate?

2. Was your lease a month to month lease, or for a period of months or years?

3. Have they requested that you sign a document giving them the right to do a background check on you?

4. What state are you in?

Doug

Customer: replied 9 months ago.
The old owner only had month to month. 3-yes they asking us sign that type of document. I live in Summerville SC
Expert:  LawTalk replied 9 months ago.

Hi Bobby,

Thanks for the additional information. I have many fond memories of being in Summerville over the years. I lived in Savannah for more than a decade.

Under the law a landlord does not have to rent to a person who has a felony conviction on their record. And the fact that they are asking for an authorization to do a background check suggests that they will do so and they will have the ability not to renew your month to month lease based on a felony conviction, if one shows up on your record.

Not all landlord deny renting to felons---it depends on the crime you were convicted of and how long ago it was---but this is entirely up to the new owner.

So, yes, if they choose to, they could refuse to renew your rental agreement if they determine that you have a felony conviction----but again, they may not.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good morning,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug