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Additional Details
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wigmama | Can my landlord legally run a background check on my visitors? |
My landlord called me yesterday and asked me to have my boyfriend bring a copy of his driver's license and social security card into the office. When I questioned why, she stated that because he was staying at my house a couple of days each week she needed copies of his information to run a background check on him. I explained that he didn't live there, he has his own apartment, he doesn't receive mail there, and he doesn't even park a vehicle there. She said that it didn't matter and because he was spending a "substantial amount of time there" she needed his information. Can she legally do this? He's not on the lease or responsible in anyway for my rent. We've never had any problems and tend to keep to ourselves most of the time. I guess I'm just feeling harassed at this point and wondering why they are watching me so closely. It's a little creepy. |
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Free Speaker
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Absolutley not, tell them to **** off. You can have whoever you want over, whenever you want.
If your not breaking the lease, by noise complaints or anything else, then they can't make you do anything.
respond to them and say
"I'll talk to my lawyer and then get back to you"
then after a few days, tell them that you are tired of dealing with their harrasment and that if it happens again you will pursue criminal charges.
And if they try to evict you, or raise your rent, then sue them, i guarantee you will win, just keep everything in writing. |
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Landlord
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If he is there more then 14 days a year she has this right. If he has a key she gets that right on day one.
Why are you freaked? She is just running a safe complex, she owes it to your neighbors to assure them you are not bringing a criminal into the complex. |
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Tom
 |
If you have a written lease, I would review it to see if there is a clause addressing her request. If there is such a clause, she may have a case if he stays there a couple days a week on a consistent basis.
If there is no clause, I would refuse her request. |
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aaron_montague
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Background checks can be run by anyone at any time so long as the person gives permission. She is well within her rights to ask for this information but cannot force compliance. Even if YOU give your boyfriend's license to her, she still cannot run a check without HIS permission as you are not his guardian.
You need to read your lease carefully. There may be a clause in it stating anyone spending a certain number of nights per time period (Usually 3 nights/week in our contracts) can be asked to provide information for a background check. Most landlords include this clause only as a stopgap in case of problems.
A lease is a contract. Assuming you signed the lease, the landlord can hold you to any and all of the terms contained within. If there is a provision in the lease that you must provide the information about frequent guests, then you are obligated to do so. If you do not you are in breach of contract.
Bear in mind the landlord needs to be able to prove that your boyfriend is staying over enough evenings to require you to provide the documentation. Again, even with the documentation she needs HIS permission to run the background check. The situation may enter a catch 22 at this point. Depending on exactly what the lease says you may be able to give her the information and fulfill your side of the contract.
The other issue has to do with a landlord's legal obligation to keep safe housing for her tenants:
"b) Assignment or Subletting: Tenant shall not assign or sublet said premises or allow any other person to occupy the leased premises without Landlord's prior written consent."
It sounds mean, but all it really says is "please let us know someone else is living with you." There are a large number of ways a landlord can be sued, especially by visitors to property. Landlord have a more established relationship with tenants on leases.
This is a strange situation. In 10 years of being a landlord I have never enforced this clause, yet it is in every one of my leases. Whether or not it is my business is not the issue here. Mostly it seems like it would be too much trouble to care. I'm not sure why they are insisting, but it can probably be resolved with friendly communication. |
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greighvee
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I'd say you should take a look at your lease first. If he reserves the right in your lease then it is legal.
If not, then he has absolutely no right to his information. |
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Change I can't believe in
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That is creepy and if he isn't on the lease/ and no damage has been done to the property it's none of their business. |
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An0nym0us mAn1Ac
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Check to see what you lease or rental agreement states. You could also contact your local landlord and tenant board, they are the people that deal with situations like this. They know your rights and also your landlord's rights. However, it may have been stated in your lease that he is allowed, so take a look and see what it says. |
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Doctor Deth
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don't give in - I've never heard of anyone doing that - if it doesn't say anything in teh lease about that - she can't make you do anything |
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Emby
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No No No! Totally illegal! |
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jw
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definitely not please. thats an invasion of privacy and you have every right not to produce the documents she requested for.
that said, you should know that since youre renting a room/house from her, you sorta are doing it on her terms. so if she insists on having it..you may be better off just showing it to her. |
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Tim
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maybe you feel offended by the way she put it. but its understandable as she just want to feel safe. |
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Oh4GiSXeR
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Call a lawyer |
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L S
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I'm not sure. That's a sticky one, but I think it's time to move! Creepy is an understatement!!! |
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Questions
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Your landlord can kick you out of the house or ban certain visitors from entering her property if she does wants to so, yes I would say legally... she can impose her will on you and if she is legally authorized to do such a search, it is not illegal for her to ask such a question. This question is really irrelevant. |
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euro_son
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If your boyfriend was innocent, you wouldn't be so worried. Are you helping him cover something up? Or are you afraid of what you might find out about him?
It sound suspicious. |
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