my tenant used to be the owner of my apartment.. That means he was screened and all the criminal background checked was done and everything. Later i bought the apartment. the association said my tenant has to be re screened. I am not sure if the association recognized that the former owner is now the tenant, but i am more or less sure they know. My question is : assuming that they don't realize that the tenant is the former owner. when they realize that the tenant is the former owner, do they have a legal ground to ask for a criminal background check screening again? what is my argument in telling them that i don't have to pay for a background check for someone who is not a new tenant or occupant of the unit?
They have a right to screen again. Just because the owner was previously approved doesn't mean there hasn't been something since then that would disqualify him/her.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Attorney Sage is correct. Every time there is a change of any kind, a new background check is requested. This is something you agreed to as part of the HOA.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. Leonore M. Greller, Esq. is a Supreme Court Certified Civil Circuit and Family Mediator and a Qualified Residential Mortgage Foreclosure Mediator and Arbitrator.