No landlord wants to deal with evictions in any capacity. Luckily for you, in most states, you can access eviction records and other relevant court cases during your tenant screening process. Why check for evictions? Well, it’s not unreasonable to think that if a potential tenant was evicted once for certain behavior, they might do it again. As a landlord, you want your rental to be occupied by trustworthy and consistent residents, so you need to make sure you cover all the bases.
Why Search for an Eviction Record?
Eviction is a very time-consuming and expensive process, and it really only occurs in the worst circumstances. Serious property damage, not paying rent, or illegal behavior at the property are just a few instances that can make a strong case for eviction, and even then, the eviction process can take weeks or even months. An eviction record – especially one with multiple infractions – can mean serious trouble for you and your rental property business.
If you discover a potential tenant has a history of evictions and you can obtain the reason behind the eviction, you’ll have a strong reason to reject the tenant. It is worth noting that evictions don’t tell the whole story. If a potential tenant was evicted for failing to pay rent, maybe they just fell on hard financial times in their previous rental. In some cases, it’s worth talking about eviction history with applicants rather than writing them off completely. So, where can you find tenant eviction records?
Where to Find Tenant Eviction Records
The easiest and most straightforward way to search for tenant eviction records is to check your state or county court records. If you’re unsure of which sites to search, the National Center for State Courts has an easy-to-use system that will direct you to the right site.
Once you’ve found the right court site, simply search the name of the potential tenant. Not all states will give you full access to the case, but most states will provide a short brief to give you a better idea of the case. Read all the information that is provided. The presence of an eviction case doesn’t necessarily mean you’re dealing with a bad tenant. Wrongful evictions do happen, so read the case in full (if possible) to get a better understanding of the situation.
Understanding Eviction Records
Tenant eviction records are crucial documents that contain information about the eviction process, including the filing date of the eviction, the parties involved (namely the landlord and the tenant), and the outcome of the case. Filing dates are essential as they provide a timeline of events, while knowing the parties involved helps in verifying that the record indeed pertains to your potential tenant. The outcome, whether it was in favor of the landlord or the tenant, can indicate how the eviction was resolved, but it is essential to read deeper into these records.
However, interpreting eviction records requires caution and an understanding that these documents do not always tell the whole story. For instance, an eviction might have been initiated due to circumstances beyond the tenant's control, such as sudden financial hardship or medical emergencies. It is also possible for a record to reflect disputes that were resolved amicably or evictions that were filed but later withdrawn. Therefore, while these records are invaluable tools in your tenant screening process, they should be considered alongside a broader assessment of the tenant's history and the specific context of the eviction. Talking directly with potential tenants about their past when eviction records are found can sometimes clarify situations and reveal responsible tenants who faced temporary challenges.
Use Apartments.com to Search for Evictions
If you manage your rental through Apartments.com, our tenant screening services will provide you with eviction reports, background checks, and even credit reports. Another feature you’ll find only on Apartments.com is support for co-signers, guarantors, and co-applicants. If you need more information to make a decision, you can request supporting documents from potential tenants directly on our platform. Get all the information you need to find the right tenant quickly and easily.
Use Tenant References to Check for Evictions
Asking potential tenants for references from previous landlords can give you a head start on researching that person’s past rental behavior. References can also help you discover if that tenant was involved in a “cash for keys” situation, something that wouldn’t necessarily appear on a record. Cash for keys is a scenario in which the tenant isn’t formally evicted, but the landlord exchanged money for that tenant to leave the property. References can also tell you if the tenant in question has any history of past-due rent or any other instance of less-than-desirable behavior that wouldn’t end up in court.
Why Eviction Records Matter
Eviction records serve as a crucial tool because they provide vital insights that can mitigate financial risks and safeguard your rental property investments. When it comes to non-paying tenants, the financial implications are immediate and severe - lost revenue from unpaid rent can quickly accumulate, impacting your ability to maintain the property and meet your financial obligations. Beyond the cost of lost rent, irresponsible tenants may cause significant property damage that extends far beyond normal wear and tear, leading to hefty repair bills that erode profitability. Furthermore, problematic tenants can be the source of disruptions, affecting the harmony within the property community and potentially lead to legal issues that demand time, money, and resources to resolve. Therefore, by diligently reviewing eviction records, you can identify red flags early in the screening process, helping you avoid the challenges that come with renting to unreliable tenants.
Adhering to Fair Housing Laws in Tenant Screening
When conducting tenant screenings and reviewing eviction records, you must be mindful of Fair Housing Laws. These laws are designed to prevent discrimination based on race, color, national origin, religion, sex, familial status, or disability. It's crucial for you to understand that while eviction records can be a valuable tool in the decision-making process, any tenant screening practices must comply with these regulations to ensure fairness and equality. Because navigating these legal waters can be complex and the laws may vary by state and local jurisdiction, consulting with an attorney who specializes in real estate or landlord-tenant law is strongly advised. Legal professionals can provide specific guidance and ensure that your screening processes align with both state and federal regulations, protecting you from potential legal complications.
How Tenants Can Check If They Have an Eviction
Apartment hunting can be just as stressful as managing a rental property, so if your tenants are concerned with what their rental record looks like, they can use the same steps above to see how they appear on paper to a landlord.
The tenant can check state and county court systems for any cases that would appear on the public record. Evictions can stay on their record for up to seven years, so if the issue in question was long ago, they may be in the clear. Renters can also search themselves in tenant screening programs to see how they’re viewed by potential landlords. This will also provide them with their credit score and a background check so they can sort out any issues on that front as well.
It’s important for tenants to note that if they were brought to court for an eviction case and lost, there’s no way to have that removed from their record (if it’s been in the last seven years). However, if the tenant won the case, or it was settled and never brought to court, there are ways to have that information expunged from the record, which could improve their chances of getting a dream rental. It’s possible to rent an apartment or house with an eviction on your record. It all depends on the circumstances of the eviction, so it’s important for tenants to make sure potential landlords get the full story.
Landlords prefer not to face the task of eviction, and most are hesitant to consider applicants with previous eviction records. Therefore, it’s essential to select your tenants with care. Mastering the art of screening rental applicants is key to positioning yourself for success. Be sure to request landlord references from potential tenants, learn how to navigate eviction records, and utilize a comprehensive tenant screening program to gain a complete understanding of an applicant. However, remember to approach this process with empathy. By engaging in conversations with tenants regarding past evictions, you might discover that the situation was a misunderstanding or a case of bad luck.
