Facing a DUI conviction can be life-altering, and the consequences often extend beyond the courtroom. One area where this can have a serious impact is housing. If you’re asking yourself, “Will a DUI prevent me from renting an apartment in Arizona?”—you’re not alone. Landlords do consider criminal records, and a DUI can raise red flags, even if it seems unrelated to housing or tenancy.
In this article, we will walk through how a DUI might affect your ability to rent, what prospective landlords are looking for, your legal rights, and what you can do to improve your chances of securing a rental property. Understanding these aspects is important, especially in competitive markets across Phoenix, Tempe, Scottsdale, Mesa, and other Maricopa County cities.
A DUI conviction can be a roadblock, but it doesn’t have to be a permanent barrier. With the right knowledge and proactive steps, you can overcome this hurdle and find stable housing, even with an arrest record.
This article will cover the following subtopics:
- Understanding DUI Convictions in Arizona
- How a DUI Conviction Can Impact Your Rental Applications
- What Arizona Landlords Consider When Reviewing Applications
- Ways to Improve Your Rental Prospects After a DUI
- Your Legal Rights and Protections as a Renter
- Frequently Asked Questions
- How Shah Law Firm Can Help
Understanding DUI Convictions in Arizona
Arizona has some of the toughest DUI laws in the country. A DUI (Driving Under the Influence) charge falls under ARS 28-1381, which makes it illegal to drive or be in actual physical control of a vehicle while under the influence of alcohol or drugs. Arizona DUI cases are aggressively prosecuted.
Even a first-time DUI offense in Arizona comes with significant penalties:
- Minimum 10 days in jail (with some eligible for suspension after one day served)
- Fines and fees of over $1,500
- License suspension for 90 days
- Alcohol screening and treatment programs, often involving counseling
- Installation of an ignition interlock device (IID), triggered by breathalyzer tests
More serious DUI charges, such as Aggravated DUI (under ARS 28-1383), can be charged as felonies and lead to longer sentences and lasting effects on your criminal record. Refusal to take a breathalyzer can also trigger immediate license suspension.
A DUI conviction in Arizona becomes part of your permanent criminal record unless you qualify for a set-aside under Arizona law.
How a DUI Conviction Can Impact Your Rental Applications
When applying for an apartment, one of the first steps many landlords take is running a background check. This may include looking into your criminal history, credit report, and rental history. If a DUI appears on your background check, it could raise concerns among prospective landlords.
Why Landlords Might Be Concerned
While a DUI isn’t a violent crime or property offense, landlords may still view it as a red flag for several reasons:
- They may see it as an indicator of poor judgment or risky behavior.
- A criminal record can be seen as a liability risk, especially when renting to people with a criminal history.
- Property insurance providers may increase premiums based on the tenant profile.
Some landlords may be concerned about interactions with fellow tenants or your ability to make rent payments on time if a DUI conviction affected your employment opportunities or professional license.
What Arizona Landlords Consider When Reviewing Applications
Landlords in Phoenix and across Arizona vary in how they weigh criminal histories. Here are some key factors that may influence their decisions:
1. How Recent the DUI Is
A DUI from ten years ago may be viewed differently than one from the past year.
2. First-Time or Repeat Offense
A single conviction may be seen as a one-time mistake, but multiple DUIs could indicate a pattern.
3. Your Overall Rental and Credit History
Paying your monthly rent on time and having no prior evictions can offset concerns.
4. Steady Employment and Income
Having a stable job, recent enrollment in school, or a strong income can reassure landlords.
5. Transparency and Good Behavior
Being honest about your conviction and demonstrating good behavior since the incident may sway landlords.
6. Check Fees and Application Costs
Some landlords may charge a background check fee. If you’re applying to multiple rental properties, these fees can add up quickly.
Ways to Improve Your Rental Prospects After a DUI
If you’re worried that your DUI conviction will stop you from renting in Phoenix or elsewhere in Arizona, there are several strategies you may want to consider:
Show Evidence of Rehabilitation
Landlords often value signs of change. Demonstrate your growth by:
- Completing a DUI education or treatment program
- Providing documentation of counseling or ongoing support
- Avoiding further legal trouble and maintaining good behavior
Provide Strong References
Secure recommendations from:
- Past landlords
- Employers or coworkers
- A probation officer, counselor, or broker (if applicable)
These can attest to your reliability and growth since the conviction.
Consider a Higher Security Deposit or Co-Signer
To mitigate risk, offer additional financial reassurance such as:
- A larger security deposit
- A co-signer with a clean record and strong credit
Look Into Second-Chance Housing
Some landlords specialize in renting to people with criminal records. These rental properties may have more flexible screening policies.
Seek a Set-Aside Under Arizona Law
You may be able to petition for a set-aside under ARS 13-905. Though it doesn’t erase your record, it shows you’ve completed all requirements. This may positively influence a landlord’s view.
Your Legal Rights and Protections as a Renter
Even with a DUI, you still have rights under Arizona and federal housing laws.
Fair Housing Laws
Under HUD (Housing and Urban Development) and the Fair Housing Act, landlords cannot discriminate on the basis of race, color, national origin, sex, religion, familial status, or disability. While a DUI conviction is not protected, landlords must use non-discriminatory screening practices.
Landlords cannot:
- Apply stricter standards only to people with a criminal history if it disproportionately impacts a protected group
- Deny tenancy solely based on arrest records without a conviction
HUD guidelines urge landlords to consider:
- Nature of the offense
- Time since conviction
- Evidence of rehabilitation
What You May Be Able to Do
If you believe a landlord unfairly denied you housing, you may want to contact a fair housing organization or legal representative. They can help determine whether your rights were violated.
Frequently Asked Questions
Can a landlord deny me because of a DUI?
Yes, landlords in Arizona can deny your application if they believe your DUI is a risk. However, they must apply this standard uniformly across all prospective tenants.
How long does a DUI stay on my record?
A DUI remains on your Arizona criminal record permanently. However, you may be able to request a set-aside under ARS 13-905.
Can I get housing with a DUI conviction in Phoenix?
Yes, many landlords will still consider your application, especially if you show steady employment, rehabilitation, and a clean recent record.
Will a set-aside remove the DUI from background checks?
No, but it will show that the conviction was set aside, which many landlords may view more favorably.
Are there legal protections for people with DUIs?
While DUI is not a protected class, fair housing and HUD guidelines require landlords to use non-discriminatory practices.
How Shah Law Firm Can Help
Facing the legal and real-life ramifications of a DUI—like trouble finding a rental property—can be overwhelming. At Shah Law Firm, we understand what’s at stake and how a DUI conviction can affect your housing, professional license, and employment opportunities.
Attorney Arja Shah has handled over 3,000 criminal defense cases, including complex DUI defense matters in Phoenix, Scottsdale, Tempe, Mesa, and across Arizona. Whether you’re looking to challenge your DUI, seek a plea deal, or file for a set-aside, Arja brings experience, dedication, and a client-first approach.
From defending your rights in court to helping you move on with your life, our firm is here to guide you every step of the way.
A DUI conviction doesn’t have to define your future. If you’re currently living with the effects of a conviction and struggling to rent, call Shah Law Firm now at (602) 560-7408 or visit the Shah Law Firm Contact Page to schedule your free consultation.
