Are you someone with a criminal record trying to rent an apartment? Or perhaps a landlord who came across a tenant interested in renting in Australia with a criminal record? This article features the things you need to know regarding the laws and security checks.
The first thing is that the rental property owner can deny an application from a person with criminal records and there is no legal action against it.
In the same way, no law enforces a criminal record check for rental properties and if a tenant denies showing criminal history, there is absolutely nothing that you can do against it.
So, as a part of learning your renter rights, here’s what you should know about renting with a criminal record.
Rental properties and real estate agents/landlords
If you are a real estate agent, there is a great chance that you have met people with criminal records. As a real estate firm, it is a risk to rent a property to someone with criminal convictions and there are only a few things you can do in this case. However, if the tenant refuses to come up to your requirements, you can simply discard the application.
The first thing is getting a run through the National Tenancy Database and the background checks will provide the details. Almost all real estate agencies require tenant screening, written consent, and criminal activity record for rental applications.
You can even ask them to provide a police check certificate. However, you must make sure that certificate is valid. But you must know how long a police check is valid. In most cases, the certificate expires within three months and real estate companies must ask for a new certificate.
You must ask for all identification documents before filing a real estate deal. Trust is very important in real estate transactions and deal brokering and it is valid for you to deny a rental application that has recent criminal records, especially sexual abuse.
But make sure not to go beyond limits as the prospective tenant can file a case against you. However, there are many tenant screening services that you can use to get the police records and identity verification of a tenant.
How to rent a property with a criminal record
If you are looking for rental properties in Australia and also have a past criminal record, there is a high chance of meeting disappointments on your journey. If you have a criminal conviction, you must be honest with the real estate agent during the process. Otherwise, it can hurt your already poor record.
However, if your spent convictions are older than ten to eleven years, there is no need to be answerable for that. Your agent might ask for police checks, and it is up to you if you want to provide them with the certificate.
Most landlords do not rent a property to a tenant with a criminal record with sex offences, property damage, and other serious allegations. So if you have such a record, you will need to keep an open mind to face a tough time. However, if an agent breaches some limits and gets into your private life, you can report them to the police.
If the agent asks you for a police check certificate, it will be an easy way for you. Police check certificates only mention serious allegations. They don’t mention those allegations which are poor or the crimes you convicted outside of Australia.
Renting with a yet-to-be-charged crime
For those who have a case going on in court and are looking forward to renting a property in the near future, it is best to get a lawyer who will win the case. You cannot hide your current case and rent a property. It is because the employer will need to trust you.
Thus, lying will be considered a breach of trust and the agent can then file a case against you. So the only thing possible at this point is winning the case and getting a clean criminal record. However, if you lose the case and are convicted, you must disclose that to the agent and landlord as well.
