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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Does a felon have to disclose criminal history to rent an apartment

Resolved Question:

Does a felon have to disclose criminal history to rent an apartment? If the felony bars the rental, is is against the law for a family member who qualifies to rent the apartment and allow the felon to live there?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 8 years ago.
There is a good discussion of the problems faced by convicted felons in Texas on this website:

http://www.solutionsfortexas.info/id133.html

Notice in particular the discussion in paragraph 2 regarding housing.

The answers to your questions are:

A felon does not necessarily have to volunteer his criminal history when renting an apartment. However, if the rental application asks the question, he must answer it honestly. So, if he can find a place where the question is not on the application, then he does not have to reveal it.

Most apartment renters probably do not run criminal background checks (though owners of large units might well do so).

If you rent an apartment, there would be nothing "illegal" in you letting your son live there (that is, it would not be criminal for you to do so). However, most apartment rental contracts specify how many people and who will be living in the unit. If you sign up in your name and then let your son live there, it would be a violation of the rental contract and you/he could be evicted on that basis.
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