Criminal checks to rent an apartment
 

I was talking to a friend and he told me about how the strata in his condo passed a bylaw where all owners who planned on renting their units had to have the potential renter's complete a criminal back ground check before allowing them to rent.

They have been doing this since February and any owner's who are caught not complying with this bylaw, they were fined for every month that the unit is being rented out for.

My question is, is this even legal? And if yes, can they deny someone rental to the suite if they do have a record? I know for jobs, unless it is for a job that is highly senstive, a criminal record should not be the reason to get you turned down.

From what my friend said, the logic behind it is to get a better idea of who the renter's are and reduce the risk of criminal activities ie. grow ops/drug labs.

And how effective would this be?

make sense...if you are property owner, do you want to rent to the Bacon brothers?

i just did the criminal record check for work, $65 bucks, and can take up to 20 business days to get done.

i did mine at november 27th, and im still waiting...

I assume you got it done at VPD?
They just processed/mailed out the applications for Nov. 27th. I was there on Friday to do my record check.

Without digging into the strata legislation, I would expect that the council is entirely within their rights to do this, as long as the bylaw passes with the requisite percentage of votes. Most stratas have bylaws giving the council and/or property management at least SOME control over potential renters. In some cases, it may simply be the maximum number of units that can be used as rentals. If it's that big a deal, your friend might want to delve into his strata's bylaws.

As for how effective it is, it will only show people who've been convicted of a criminal offense... a guy could be a mass-murderer, herion trafficker, and cat rapist, but if he's never been convicted, the strata won't know the difference.

I can only assume the vote passed with the proper minimum number of votes.

But would these criminal record checks really reduce the chance that the unit is being used for a grow op/meth lab, or a illegal massage parlor?

I don't want to sound like a money hungry landlord, but if the possible tenant has to wait 20+ days to get a record check done, then why would that tenant want to rent with my friend? Why would anyone want to go through the hassles to rent that unit?

And if that person had a record for public urninating, can the strata say no to letting that person rent? What about an assault conviction?

I'm really curious to hear from the police officers to shed some insght here.

Well, it would ensure that someone with a criminal record won't be the name on the lease... I suppose that would make a SMALL improvement in the odds.

Ultimately, I suppose it's as much of a CYA concern - if a place WAS busted for a grow op, it would show that the strata *and* owner had performed due diligence in not renting to known criminals. It's a valid concern these days with current legislation, where a landlord and/or property owner can be held liable for renters running a grow op or other illegal enterprise.

Public urination is a misdemeanor - it wouldn't show up on a criminal record check. An assault conviction probably would, though.

I had to do the record check for a security job... all it comes back with is yay or nay - either you have a criminal conviction, or you don't. AFAIK, it won't state exactly what the convictions were for.

Without knowing the nitty-gritty of residential tenancy act and other associated laws, I can't comment on whether or not the stratas actually have the authority to demand a record check be done.

Now, if it is legit, why not? Would you not feel safer knowing that everyone in your building has been screened? (whether or not you are actually safer is a different debate, but the illusion makes some people sleep better) And the strata can accept/deny anyone they chose, so long its within the Charter of Rights and Freedoms.

I think the biggest problem here is the wait time for the check. But apparently it can take up to 20 days? I haven't actually gone out to get one done, always been too lazy. I try and gauge their persona from a couple of questions and then I go and assume that if they're willing to sign the consent form, they don't have much to hide...

Back on topic, the OP is more worried about the extra trouble of finding a tenant and is questioning the actual usefulness of this bylaw. I understand that sometimes people seem sketchy and yeah you're probably better off doing the check. But if someone legit is interested in your apartment and it's a couple with steady jobs and good references, the bylaw seems redundant and a waste of time.

Side question, where do you guys go get them done?

Your local police detachment.

If you don't want to do a CR check, don't rent there. Simple.

^Yeah, I think the concern here is from the owner's POV, and the fact that he'll lose potential *legitimate* renters because of this requirement.

24 hour turn around time.. for criminal record checks here..



https://www.mybackcheck.com/

Took about 4 days when I did mine at the Ridge Meadows RCMP.... they mailed it direct to my employer.

i just got 2 different ones done, one for the RCMP, and One for a potential job.. Neither one took more than 4 days.

How legitamite is this site? Most of the time, they say to go to your local detachment to get it done.

Soundy is right, my questions were more from the seller's POV.

https://www.mybackcheck.com/


I work for this company

its 100 legitime..

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