Moving and Lease Agreements

Well, first order of business- Can't he apply to have the misdemeanor expunged from his record? Depending on how old it is (and if it fits certain criteria), most states will do so after an application process. Secondly, I think you should have to put him on the lease. Usually, misdemeanors are no big deal- it's the felonies that are an issue.

Have you looked into having it expunged from his record?

I, too, suggest an old misdemeanor that can be explained would not cause the two of you to not get the apartment. What was the charge and how long ago? Assuming you both have a good credit score, are long time employed with enough income to afford the payments and have good references.

I suggest that you be honest. If you try to hide his presence and are evicted this may make getting another place more difficult. And...you have to live with the fear he'll be discovered.

I find it hard to believe that a old misdemeanor would make such a difference. I would not lie though. The simple answer is that if he cannot pass a background check, then you cannot move into that particular rental if you wish to live together. You lived somewhere else without background checks...you might have to find another place like that...

If they run background checks they aren't going to lease to you. It is that simple. When they run it on you they will see you are married and then not lease because duh! you are going to live with your husband. You can't get around this unless you divorce him.

On the easy on the judging, a very old misdemeanor wouldn't effect his ability to lease so I think you are sugar coating that just a bit. Well or you haven't actually tried to get a lease yet and that is silly because if it really is something old and minor it may not matter.

I don't know how you will deal with that, because it will be a little hard to hide the fact that your husband lives there. It's not like you're hiding an extra cat or something.

Usually on leases they ask you your marital status, don't they? Since you are already moving, per your post, haven't you signed a lease yet? How does a person move somewhere before they sign a lease?

I think you need to be up front, and hopefully they will overlook the old misdemeanor.

It's a misdemeanor so it should be ok. I would be honest always in situations like this. No one has a "clean" background, some of us just didn't get caught. lol So since he's your husband and will obviously be there every day, I would not mess with trying to hide that. JMO. Good luck.

From a landlords view I would be up front about it and put him on the lease. We (landlords) do credit checks and background checks to know we are going to rent to someone that can afford to pay the rent (and their other bills) and someone that is not on the FBI's most wanted list.

If the misdemeanor is old I wouldn't worry too much about it but I would mention it when doing the paperwork.

Honesty is the best policy. You'll be surprised there are some good people out there willing to give you a chance.

Be up front with the info on your husband and put him on the lease if he is going to be living with you.
If it's an old issue it shouldn't be a problem.
Not having him on the lease will get you evicted.

IF I were a landlord and I found out that a tenant had lied to me in any way, I would evict such tenant because of the character flaw. If they lie about something little, they'll lie about something bigger... either flat out lie or lie through omission.

SO, if you cannot be honest, it is shameful... then don't lease at that property because they will find out and they will evict you.

You are very careful how you worded his previous issue. Personally, if someone had an issue in the way past and had reconciled that issue and was behaving with good character now, I would be apt to give them a shot... and help..... but lie to me??? There is hell to pay.

Are you sure a misdemeanor is going to matter? Also, how far back does the background check go?

I'm sure the housing community is more concerned with felonies and, more importantly, sex offenders.

I think you have to put him on the lease and just take your chances. Not putting him on the lease is just going to cause too many problems.

So you are looking to us to tell you its ok to lie on your lease agreement? Nope it isn't. If the rule is that all adults living there need to be put on the lease then play by the rules or move somewhere else. Pretty cut and dry.

It's a choice. Either put him on the lease and see what happens or move somewhere else. Your choice. I'd hate to move in and live there a short time then get kicked out with no deposits back or anything because I broke the rules.

If he was convicted of a sex crime then I'd say they wouldn't want him there. If it was something else that was a non-violent crime they might not even care. I would say absolutely nothing. I'd put the bare minimum information on the application then see what they come up with.

You are not entitled to not go by the rules just because you want to live there.

If it's very old and only a misdemeanor, I don't think it would make a difference. Background checks don't necessarily have to be totally clear to qualify for housing. I'd be honest and if he doesn't qualify, look elsewhere. You don't want the stress of hiding him. I use to work for an upscale community and believe me, they WILL find out!

Most routine background checks go back 7 years so your husband's misdemeanor might not even show up.

My suggestion...you need to put him on the lease if he is going to be living there. You could always just be upfront about it (especially if it was a long time ago and if it really was for something minor) and just ask the landlord/leasing company if a misdemeanor charge of public intox or whatever will disqualify you. Chances are, as long as the crime wasn't against a child, they aren't going to care.

I would talk to property manager and explain situation especially if the misdemeanor is over 10 years old.