Why would a dismiss w/o prejudice for attempted possession of drug paraph. Keep me from renting an apartment?

I tried to rent an apartment in North Phoenix with my brother (who has a dui misdemeanor charge) and they did background checks on both of us and my dismiss without prejudice for attempted drug paraphernalia would not allow me to move in.. it was dismissed! They cleared my brother but not me. Am I going to be doomed for the rest of my life? I am now moving out of the apartment that we rented (I secretly lived here) and want to move somewhere nicer and closer to work. I’m scared I’m going to be denied again.

Answer: Every landlord is different with who they will rent. Sounds like the one you applied with is very particular. Landlords can choose not to rent to you for basically any reason that isn’t prejudicial based on race, ethnic origin, sex, or disability. In this case, the landlord chose not to take a chance on you because of the attempted drug paraphernalia. Even though it was dismissed, it was enough to spook the landlord and he simply chose not to offer you the apartment. Will the dismissed charge keep you from renting an apartment in the future? Perhaps. My suggestion would be to find a place you like, apply to live there and then be up front with the landlord about what he may find when running a background check on you. Explain the entire situation and explain to him that it was dismissed without prejudice and chances are pretty good that you will soon find yourself living somewhere nicer and closer to your work.

Answered by:

My AZ Lawyers
2 East Congress Street, Ste. 900
Tucson, AZ 85701
Office: (520) 307-0020

Rob Curigliano, Tucson AZ Bankruptcy Lawyer.
Re-Posted from AVVO Legal Questions and Answers.