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San Jose, CA, may have many lovely neighborhoods, fantastic job opportunities, and natural beauty, but it's not without fault. Of particular note is its crime rate; from January to May 2024, the city had 14,700 property crimes reported, according to the SJPD.
Unless you do your due diligence as a San Jose landlord, you might rent to someone with a criminal background. Fortunately, a tenant criminal background check by a professional can help minimize such risks.
To that end, the experts at Provident Property Management created this tenant background check guide. Read on to discover how they work.
Legal Considerations
According to California's Civil Rights Department, landlords can run criminal background checks on prospective tenants. However, they must follow guidelines; they can't consider arrests or infractions, only convictions.
A professional San Jose tenant screening service adheres to all those screening-related state laws.
Comprehensive Tenant Criminal Background Check
Professionals don't limit criminal background checks to California when screening tenants in San Jose. Instead, they use more thorough platforms, such as:
- National Criminal Search
- National Sex Offender Search
- International Terrorism Database Search
Worth noting, too, is that reliable screening services use other vetting practices to help landlords find the best tenants. For example, they conduct more comprehensive tenant background checks, such as:
- Rental history evaluation
- Credit history assessment
- Income and employment verification
Case-By-Case Screening
When professional San Jose tenant screening services find criminal histories, they don't immediately reject applicants. After all, according to Casetext, Cal. Code Regs. Tit. 2 § 12269 prohibits blanket bans in the state. An example of such a practice is banning anyone with a criminal history.
To stay compliant, tenant screening experts consider the following when they run San Jose rental background checks on criminal histories:
- The exact crime committed that led to the conviction
- The circumstances surrounding the crime
- The applicant's age when they committed the crime
- If the applicant was a good tenant before and after the conviction
Once they have all that information, they objectively assess whether the crime committed directly impacts the applicant's ability to be a good tenant.
Examples
An applicant has a conviction for drug possession and use. Upon closer review, the screening expert learns the crime occurred five years ago. The applicant also underwent rehabilitation, and their criminal record remained clean after the sentence.
In that scenario, the screening professional won't exclude the applicant outright. Things are different if the recent conviction is for a more severe crime, such as:
- Violence against others (e.g., sexual harassment or assault)
- Crime against property (e.g., arson or robbery)
- Crime against society (e.g., illegal drug manufacturing)
In the second example, the screening professional can exclude the applicant. They can do so because the applicant's history indicates they're a safety risk to others and the community.
Outsource Tenant Screening to the Pros
As you can see, a professional tenant criminal background check complies with all state laws. It's also comprehensive, objective, and fair.
If you need help with all your tenant screening concerns, Provident Property Management is happy to help! We're a boutique, family-owned property management firm serving San Jose landlords and tenants. With our members' decades of property management and brokerage experience, you can count on us to help you find qualified and trustworthy tenants.
Drop us a line or call us today for your free property consultation!
