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sex offender
by Anonymous (ca)
on September 20, 2011 @15:42
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The tenant might be a sex offender who is 40 years old.
How can I do now?
Go to police office to get more info?
Evict him?
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Re: sex offender
by Anonymous
on September 20, 2011 @15:50
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Megan's law website will help you be able to see if he is.
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Re: sex offender
by Anonymous
on September 20, 2011 @16:26
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http://www.thelpa.com/lpa/landlord-tenant-law/megans-law.html
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Re: sex offender
by A.T.SF (CA)
on September 20, 2011 @16:26
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You cannot even think of evicting him on a hunch; In other words just a suspicion. Did you have him fill out an application that asked if he has ever been convicted of a sex crime or has been a convicted felon? Did you run a background check before renting to him?
What makes you question this now? Have you received a complaint from someone? You do nothing till you have solid proof, unless you want him to bring a law suit against you for harassment, defamation or invasion of privacy.
California has a Sex Offender website...look it up.
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Re: sex offender
by OK-LL
on September 20, 2011 @16:31
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Unless a criminal background is a part of your selection process, even if you confirm that his is a sex offender you cannot evict him, you have no legal grounds to do so. Even if he lied on his application, unless it was under oath (sworn with notary), you can't use that either. Sounds like you should have done a better background search, if what you suspect is confirmed as true.
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Re: sex offender
by ERIC
on September 20, 2011 @18:44
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You already have him. It's too late, unless he just became one. Wait for the end of the lease, or non-payment.
If you only have one place you are renting, he might be the best renter you will ever have. If he has a job, pays rent and has good credit, keep him.
If you have an apartment building, it's a death nail to have anyone find out.
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Re: sex offender
by ERIC
on September 20, 2011 @18:45
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There are many different levels of sex offenders. In MN there are 4 levels. Level III is the worst, level 0 are 18 year olds that have a 15 year old girlfriend with irate parents.
Know what you have, before you react.
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Re: sex offender
by will OH
on September 20, 2011 @22:47
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"Might be"?
You need facts.
What is the basis of this guess?
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Re: sex offender
by MrDan (Georgia)
on September 20, 2011 @23:45
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California Penal Code section 290.46 prohibits the unauthorized use of registered sex offender identifying information obtained from the California “Megan’s Law” website for purposes relating to “housing accommodations.” However, that prohibition does not itself make registered sex offenders a “protected class” under Unruh or the Fair Employment and Housing Act. Sex offenders may be denied housing to protect a person at risk according to Penal Code section 290.46.
Any landlord who finds out that a prospective tenant is a registered sex offender will not want to accept the individual as a tenant. That is because sex offenders present a risk to the landlords tenants, no landlord wants to take that risk, especially if children are in the building. The law is on the landlord’s side in this case.
But what if the registered sex offender is already a tenant and the landlord later learns of this status. Well, a registered sex offender cannot be evicted simply on the basis of his status. This is a tricky situation because the sex offender could certainly present a risk to other tenants, and a landlord has a duty to make his premises safe for his tenants. Other tenants may also threaten to leave if the landlord doesn’t evict a known registered sex offender.
The landlord in this situation must stick to the law. One way to terminate the tenancy is simply by notice. A periodic tenancy (i.e. month-to-month) may be terminated for any reason by giving notice – usually a 30 day notice. This type of notice is subject to discrimination, retaliation and other rent control limitations. A tenant’s breach of a material term in the lease also gives the landlord the right to terminate. Finally, mutual consent is an option for termination. The parties may mutually agree to a termination by “surrender”.
Be careful about denying a prospective tenant or terminating a tenancy based solely on the status of a registered sex offender. The penalties could include actual damages, treble damages with a minimum of $250, attorney's fees, exemplary damages or a civil penalty not exceeding $25,000. Remember, in any action, it is the individual claiming discrimination who has the burden of proving the discrimination took place.
As a final note to landlords: Every lease or rental agreement entered into on or after July 1, 1999 for residential property must contain a prescribed statutory notice, in minimum eight point type, advising that law enforcement maintains for public access a statewide data base of locations of registered sex offenders.
Landlords are not required to provide any further information regarding the proximity of registered sex offenders in the neighborhood.
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