QUESTION

Can I rent an apartment with a dismissed theft case?

Asked on Dec 11th, 2012 on General Practice - Texas
More details to this question:
February of 2011 I was arrested for being with someone who was shoplifting. We were both arrested for a class B misdemeanor. I went to court and was put on deferred adjudication for 12 months. After completion of the probation the case was dismissed so I was not charged and from what I understand it is not on my record. Only that I was arrested. I want to rent an apartment in May of 2013. Will this affect my chances of getting approved?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Probably not, but it depends on the landlord, and on any anti-discrimination statutes in your state.  A landlord is not allowed to refuse to rent to you because of your race, religion, etc. (by landlord I mean someone who is in the business of renting space, not someone renting one room in their house; in some jurisdictions, such a person might not be covered by all the regulations governing someone in the business).  I am not aware of any statutes prohibiting a landlord from refusing to rent to you because you have been arrested in the recent past.  If the landlord is not covered by such a law where you live, and knows that you have been recently arrested, he or she COULD refuse to rent to you, but that doesn't mean that they will refuse to rent to you.
Answered on Dec 12th, 2012 at 10:21 AM

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