Eviction possible due to 20-year-old felony?

[Applez]

IL

So a family member of mine has a felony for theft from when he was 18 years old and he rents a condo in Illinois. The owner of the condo told him that there's new management and that they are now asking for background checks. My question is this: if the landlord owns the unit:

1) Does the management company have a right to request a background check?

2) Do they (meaning the property management alone) have a right to evict a tenant, even if the owner/landlord disapproves and wants him to stay? Or is eviction always only in the hands of the landlord?

 

[LdiJ]

IL

So a family member of mine has a felony for theft from when he was 18 years old and he rents a condo in Illinois. The owner of the condo told him that there's new management and that they are now asking for background checks. My question is this: if the landlord owns the unit:

1) Does the management company have a right to request a background check?

2) Do they (meaning the property management alone) have a right to evict a tenant, even if the owner/landlord disapproves and wants him to stay? Or is eviction always only in the hands of the landlord?

If the tenant already has a lease the tenant has no obligation to cooperate with a background check. However, its possible, even likely that they will choose not to renew when the lease ends, or will give notice to terminate if they are month to month.

However, if the family member is a long term tenant and the landlord has had good luck with the family member as a tenant then the landlord can certainly intervene with the management company.

 

[Applez]

I think you may be confusing the two parties. It's the landlord that provides the lease, not the property management, so he is in favor of renewing. What I want to know is how much power the property management has by law? In other words, does the property management have a right by law to 1) ask for a background check and 2) do they have any right to act (i.e. evict, sue, whatever) if the tenant chooses not to provide them (the property management) with said background check?

 

[Applez]

If there are any laws you guys could point to online, that I can provide my family member for him to use as objective proof, so that he's not operate merely on hearsay, that would be perfect. I wouldn't know how to begin to search for such a thing or even what to search for.

 

[Stephen1]

IL

So a family member of mine has a felony for theft from when he was 18 years old and he rents a condo in Illinois. The owner of the condo told him that there's new management and that they are now asking for background checks. My question is this: if the landlord owns the unit:

1) Does the management company have a right to request a background check?

2) Do they (meaning the property management alone) have a right to evict a tenant, even if the owner/landlord disapproves and wants him to stay? Or is eviction always only in the hands of the landlord?

Here's my opinion, assuming you are referring to the condo management company and not the rental agent:

1. Does the management company have a right to request a background check? - yes, they can ASK the landlord to get a background check. That doesn't mean that the landlord has to comply (that's between the property management company and LL). That doesn't mean that the tenant has to complete paperwork and allow it. If the tenant doesn't comply with a request/requirement by the LL then at the end of the rental agreement the LL can give notice and not renew.

2. Eviction is an action by a court at the request of the landlord/owner. So I don't see that the property management can file in court for an eviction, but they can put pressure on the condo owner (the landlord) to file.

3. Unasked question: Can tenant be excluded solely on the basis of having a criminal record? The federal Department of Housing and Urban Development (HUD) has issued guidance that tells landlords and home sellers that turning down tenants or buyers based on their criminal records may violate the Fair Housing Act. They appear to be talking about blanket policies. Here is an NPR article on the topic: https://www.npr.org/sections/thetwo-way/2016/04/04/472878724/denying-housing-over-criminal-record-may-be-discrimination-feds-say

 

[Zigner]

I think you may be confusing the two parties. It's the landlord that provides the lease, not the property management, so he is in favor of renewing. What I want to know is how much power the property management has by law? In other words, does the property management have a right by law to 1) ask for a background check and 2) do they have any right to act (i.e. evict, sue, whatever) if the tenant chooses not to provide them (the property management) with said background check?

I don't think there was any confusion. How much say the management company has depends on the rules of the building.

 

[Applez]

Stephen1: Thank you very much for your thoughts. By "rental agent", you are referring to the landlord, correct? Meaning my family members friend? The person who owns the condo and wants my family member to be there?

Also, I'm sorry to get caught up on one word like this, but you use the word "opinion." So is Part 1 of your statement not fact? In other words, condo management asks tenant for background check, tenant doesn't comply. Condo management asks landlord to ask tenant, landlord doesn't comply. Does the management company have any moves after that? Again, the landlord is totally for the tenant staying there and has spoken to him very recently about renewing the lease. That being the case, and again, does the condo management have any actual power at this point?

With regard to point number 3, thank you for the link, but the "maybe" is throwing me for a loop.They're talking about what "may" violate tenant laws and I'd love to see some objective facts if they exist.

I don't think there was any confusion. How much say the management company has depends on the rules of the building.

Read my first post then read LdiJ's post. I mentioned in my very first post that the landlord wanted to renew. So either LdiJ didn't see that or they did and, as mentioned, they confused the condo management company for the landlord. Which is why he said, "However, its possible, even likely that they will choose not to renew when the lease ends."

 

[Zigner]

Read my first post then read LdiJ's post. I mentioned in my very first post that the landlord wanted to renew. So either LdiJ didn't see that or they did and, as mentioned, they confused the condo management company for the landlord. Which is why he said, "However, its possible, even likely that they will choose not to renew when the lease ends."

I read everything. "They" = the management company in LdiJ's post.

 

[Applez]

Exactly! Which is why I said he's confusing the two parties. Because it's the landlord that provides the lease, not the property management.

 

[Applez]

Now he's telling me that they want to take pictures of the inside of his home?

 

[Zigner]

Exactly! Which is why I said he's confusing the two parties. Because it's the landlord that provides the lease, not the property management.

But it's quite possible that the management company has to approve of the lease.

 

[Applez]

Yes, what you say very well may be true. Can anyone confirm or deny this?

 

[Zigner]

Yes, what you say very well may be true. Can anyone confirm or deny this?

I suppose your family member could speak to the people involved.

 

[reenzz]

It sounds like your family member has a landlord (owner) that is governed by the by-laws of an HOA (homeowners association). If this is the case, the owner or your family member needs to read the by-laws to see if it addresses the issue of felons.

 

[Applez]

I suppose your family member could speak to the people involved.

Well yes, of course, but the point of this thread was to help provide him with information that would allow him to have that conversation with some level of knowledge on this matter.