Sex offender

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LuckyN

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I have a tenant who is a sex offender. Another tenant does not want to live next to this person and is trying to blame me for not performing a background check, which I did fail to do.

Am I in trouble for not checking the background of the sex offender? Can he still live at my apartment complex even though another tenant is complaining? The person that is complaining does not have any children. The sex offender has been living at my complex for several years and has not caused any problems. Thank you.
 
LuckyN said:
I have a tenant who is a sex offender. Another tenant does not want to live next to this person and is trying to blame me for not performing a background check, which I did fail to do.

Am I in trouble for not checking the background of the sex offender? Can he still live at my apartment complex even though another tenant is complaining? The person that is complaining does not have any children. The sex offender has been living at my complex for several years and has not caused any problems. Thank you.

You might want to discuss this with the owner or if you're the owner, your attorney.

I don't think this is a question of law.
It has more to do with your policies and/or promises to your tenants.
If that's the case, you could have breached those promises (or covenants) with your tenants.

If I were your attorney, I'd advise you to not be do free in admitting your culpability or negligence. That could really come back to bite you.

One final word of advice about sexual offenders. They have a very, very low cure rate. They have a very high statistical probability of
re-offending. That said, you really don't know what this one has done over the last three years, do you? All you can say, is that he isn't incarcerated. Who knows, the cops may be looking for him at thus very moment.
 
If the other tenant does not like living next to a sex offender then that tenant can move along.
Sex offenders have to live somewhere. There is nothing stopping you from renting to them. Allowing the offender a decent place to live could be the difference in getting that person back on track in life.
 
There is also a massive difference between a level 3 and level 1 sex offender. The first has a very high rate of re-offending..but statistically, those level 1s (who tend to be along the lines of the 18 year olds who have had sex with their 17 year old boy/girlfriends, and similar) have a markedly lower rate of re-offending.

The term "sex offender" is NOT synonymous with "dirty old man who raped seventeen 5 year olds".

And before I get jumped - I'm not defending for a second any type of sex offender.

But not all sex offenders are equal.
 
I agree with Proserpina (and I write as a victim of sexual assault and a volunteer with our local Rape Crisis and Victims' Assistance programs).

When I review my local sexual offenders list, I notice many involve folks who were in their late teens, convicted of statutory rape (not child molestation) with others under the age of consent. Unfortunately, the stigma of "sex offender" can follow them around for years over a stupid, hormone induced decision.

What, specifically was your tenant convicted of?

If the other tenant remains concerned, offer to allow them to break their lease and move.

Gail
 
I don't know what the tenant was convicted of because I obtained the information (sex offense) through the other tenant that is complaining. Should I ask the sex offender about the crime(s) that he made?

Should I admit to the complaining tenant that I failed to check a tenant's background? (Army judge advised me to not admit my culpability) I have no clear policy regarding my obligation to check backgrounds.

The complaining tenant is on a month-to-month lease, which allows him to leave anytime, but I don't know why he does not want to go.

Thank you everybody for answering my questions.
 
Then you have no actual knowledge that what your complaining tenant told you was true.

You can do a "google" search to find a list of sex offenders for your county.
These lists typically tell you what this person was convicted of and when this took place.

And no, you don't owe your complaining tenant an explanation of your screening policies.

Gail
 
The whining tenant may have been the victim of the other person's alleged crimes. Or, the whiner may know the victim.
 
The tenant that is complaining probably did the same thing that you should do, which is a google search for the sex offender registry in your county(as Gail suggested). Being I have two young girls, I did the same before moving to our neighborhood. The tenant probably did it out of curiosity and seen the other tenant listed on there and was offended by it perhaps, so now is making a fuss.
 
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