Expert: Michael Troy - 5/10/2009

Question
How do illegal aliens renting rights as differ from US citizens.
Do landlords have legal risks in renting to aliens. Fines, jail time, unenforceable leases

Answer
Hi John,

Generally speaking, one's citizenship status has no affect on leases or rental agreements.  Different States and localities may have different rules, but landlords (unlike employers) are not required to make any determination on the legal status of renters.  In some cases, making inquiries of certain applicants (such as Hispanics) could be deemed a violation of the Fair Housing Act.

If a landlord knew for certain that a tenant was an illegal alien (different from strongly suspecting) the landlord could theoretically be prosecuted for harboring an illegal alien.  However, such cases are exceedingly rare.  The government simply does not pursue such cases except in extraordinary circumstances.

I hope this helps!
- Mike