Legal Question in Civil Rights Law in Texas

Leasing Application Rejected

Situation: I am looking to lease an apartment with a company whose Leasing Policy states that ''A criminal history will be checked based on currrent/previous addresses and no one with a felony conviction will be accepted.''

My Crimincal History: I am on deferred ajudication for a felony charge, and it is clearly stated in my criminal history report that the decision for conviction has been ''deferred.''

Question: Can the property manager reject my application based on this ''criminal history'' even though the leasing policy clearly refers to only convicted persons?


Asked on 5/23/02, 5:12 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Leasing Application Rejected

I would not venture to guess what the property manager might do, but a deferred adjudication is NOT a conviction - that's why it's deferred.

I also don't believe they will do the check they say they will do.

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Answered on 5/23/02, 7:01 pm


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