How to Check for Evictions? A Landlord's Complete Guide

This comprehensive guide for landlords explains the importance of checking eviction histories when screening potential tenants, outlining various methods including public records searches, background check services, and credit reports. It emphasizes the significance of understanding the context of past evictions and provides strategies for making informed decisions about renting to tenants with eviction histories, while also introducing Azibo's tenant screening service as a streamlined solution for landlords.

By
Gemma Smith
|
Last Updated
September 10, 2024
How to Check for Evictions? A Landlord's Complete Guide

In today's rental market, knowing a prospective tenant's eviction filing history is more important than ever. We're seeing a noticeable increase in eviction filings. Various U.S. cities in Michigan, Mississippi, North Carolina, South Carolina, and Virginia are all rounding out the top ten list of highest eviction filings and causing landlords to face new challenges.

This guide discusses the significance of eviction records and their effect on rental decisions. An eviction record can reveal much about a potential tenant's past behavior and future reliability.

We'll guide you through how to effectively check for evictions, using tools and strategies to review eviction records and make informed decisions based on eviction proceedings.

Drawing on insights from Azibo's comprehensive tenant screening services, including detailed eviction reports, this guide provides property owners with the necessary resources to navigate these challenging aspects of property management.

Let's dive in!

What is an eviction, and why does it matter to landlords?

Eviction is a legal process by which landlords remove tenants from their property, typically due to significant lease violations such as unpaid rent or property damage.

This process is more than just a legal formality; it is a critical indicator of a prospective tenant's past behavior and future reliability. Understanding a potential tenant's eviction history is important for landlords, as it provides valuable insights into potential risks associated with renting to that individual.

Eviction history, as revealed through eviction reports, is a strong indicator of a tenant's reliability. If a tenant has been evicted in the past, it could signal potential issues such as non-payment of rent, property damage, or violations of lease terms.

Landlords can protect their investments by checking for evictions and maintaining a stable rental environment.

General information on eviction checks

One of the most significant steps a landlord can take when evaluating potential tenants is checking eviction history. This process helps ensure the prospective tenant has a reliable rental background and reduces the risk of future complications.

Methods for checking eviction history

There are several ways landlords can check for evictions, each offering a different level of detail and reliability:

  1. Tenant screening services: Many landlords use tenant screening services, often including eviction history reports as part of a comprehensive background check. These services pull data from multiple sources, including court records, to provide a detailed history of any evictions.
  2. Public court records: Evictions are typically public records. Landlords can access these records through local courthouses or online databases, although this method may require more effort and time.
  3. Credit reports: Some credit reports include eviction history as part of the tenant's financial background. However, not all evictions are reported to credit bureaus, so this method may be unreliable.
  4. Previous landlord references: Contacting previous landlords can provide firsthand information about a tenant's rental history, including any issues that may have led to eviction.

What to consider when reviewing eviction history

Landlords should consider several key factors when reviewing eviction history to make a well-rounded decision.

First, the frequency and recency of evictions are important. A single eviction that occurred many years ago may not be as concerning as multiple recent evictions, which could suggest a pattern of problematic behavior.

Second, understanding the circumstances surrounding the eviction can provide valuable context. Situations such as job loss or illness may have contributed to the eviction, and recognizing these factors can help landlords assess the tenant's current situation more fairly.

Finally, the resolution of the issue leading to the eviction is essential. If the potential tenant took responsibility and resolved the situation by paying off owed rent, it could indicate a willingness to rectify past mistakes and a potential for responsible behavior in the future.

Benefits of conducting eviction checks

Conducting eviction checks offers several benefits that help landlords maintain a secure and stable rental property:

  • Reduces risk of non-payment: Tenants with a history of evictions are more likely to default on rent payments, leading to financial loss for the landlord.
  • Helps with maintaining property condition: Tenants who have been evicted for property damage or lease violations may pose a risk to the condition of the rental property.
  • Ensures compliance with lease terms: Eviction checks can reveal tenants with a history of violating lease terms, helping landlords select tenants who are more likely to comply with their rental agreements.

Eviction checks are an important component of the tenant screening process, providing landlords with essential information to make informed decisions.

Step-by-step guide to checking a tenant’s eviction history

Landlords can use several methods to check a renter's eviction history, each offering different insights into a tenant's past behavior.

Here’s a comprehensive look at how landlords can check for evictions.

Step 1: Search public records

Eviction records are generally public and can be found at local courthouses or through online databases.

Landlords can access these records to discover whether a prospective tenant has an eviction record. While reliable, this method may require considerable time and effort, especially if the landlord needs to search multiple jurisdictions.

Step 2: Use background check services

Many landlords turn to professional background check services. These services provide comprehensive reports that include landlord eviction history, credit checks, and criminal background information.

These services consolidate data from various sources, offering a streamlined and thorough way to evaluate potential tenants. For example, services like Azibo offer an online tenant screening that saves time and ensures a detailed review of the applicant’s background.

Step 3: Review the credit report

While credit reports don't explicitly list evictions, they may show related credit information, like unpaid rent or debts to previous landlords, which can indicate an eviction.

Landlords can use this data to assess the tenant's financial reliability in the broader screening process. This method is particularly useful to most landlords when combined with other checks, such as a public records search or background check services.

Step 4: Contact previous landlords

Reaching out to a tenant’s previous landlords can provide firsthand insights into the tenant’s rental history, including any evictions. This direct approach can reveal details not captured in formal reports, such as the tenant’s behavior and responsibility, and how they left the previous property.

It’s also a good way to gauge whether the tenant will likely respect the terms of the lease.

Step 5: Include tenant screening questionnaires

Some property owners include direct questions about past evictions in their rental application forms. While this method relies on applicants' honesty, it can be a straightforward way to gather such information.

Step 6: Use an online eviction database

Specialized online databases aggregate eviction records from various jurisdictions. These platforms allow landlords to conduct a nationwide search, making it easier to uncover past evictions regardless of where they occurred.

Although some services require a subscription or fee, these offer convenience and a broader search scope.

What's included in an eviction report?

Building on our examination of how landlords check for evictions, let's explore the components of an eviction record in more detail:

  • Detailed eviction instances: The report chronicles each instance of eviction, offering a timeline that helps landlords understand the frequency of such occurrences in a tenant's history.
  • Legal proceedings summary: This encapsulates the legal aspects of the eviction process, including filings and court judgments. This part of the report is important for landlords to grasp each eviction's legal context and outcomes.
  • Financial liabilities: The report often details any financial issues related to the eviction, such as unpaid rent or charges for property damage. This information is important for assessing a potential tenant's financial responsibility.
  • Tenant's legal responses: The report might include the tenant's defense or reactions within the eviction proceedings, offering a more balanced view of the situation.

The components of an eviction report aid in evaluating a tenant's past housing-related conduct and in predicting their future behavior as renters.

Do evictions show up on background checks?

Evictions usually appear on tenant background checks and are important in rental decisions. These checks often include eviction history, pulling data from sources like court records that document legal actions by previous landlords.

The presence of an eviction report can negatively affect a rental application. Many landlords see it as a sign of financial instability or problematic behavior and may deny the application.

However, some landlords consider the circumstances, such as whether the tenant has resolved the issue or shown improved responsibility. Ultimately, an eviction on a background check is a critical factor in the tenant screening process.

Can a tenant have an eviction removed from their record?

Under certain circumstances, a tenant can have an eviction removed from their record, depending on various factors and the laws in their specific jurisdiction.

Here's how it might be possible:

  • Court judgment: If a tenant wins an appeal against an eviction in court or gets a default judgment, the court judgment can remove the eviction from public records. This requires the tenant to legally challenge the eviction and prove it was unjustified or incorrect.
  • Settlement with the landlord: Sometimes, a tenant can negotiate with the landlord or property management company to remove the eviction from their record. This might involve settling any unpaid rent or other financial liabilities related to the eviction.
  • Credit reports: While eviction records might not appear on credit reports, related debts reported to credit bureaus can affect a tenant's credit score. If these debts are resolved or proven inaccurate, the tenant can request their removal from credit reports, thereby improving their credit history.
  • Expungement: In some cases, tenants can seek expungement of their eviction records. This legal process typically involves filing a petition in court. Expungement policies and eligibility can vary widely depending on the location and specific circumstances of the eviction.
  • Time factor: Eviction records generally remain on public records for a set time, often up to seven years. After this period, the eviction may no longer appear on background checks, removing it from the tenant's immediate rental history.

Should you rent to a tenant with an eviction history? 8 tips

Whether or not you should rent to a tenant with an eviction report is a decision that requires careful consideration. Here are some strategies to help:

  1. Evaluate the circumstances of the eviction: Understand the context and reasons behind the eviction. Was it a one-time incident due to extraordinary circumstances or part of a pattern of irresponsible behavior? Factors like economic downturns or personal crises can contribute to an otherwise responsible tenant facing eviction.
  2. Look at the timeframe: Consider how much time has passed since the eviction. A recent eviction might be more concerning than one from several years ago, during which time the tenant may have demonstrated stability and responsibility.
  3. Check for positive changes: Has the applicant taken steps to rectify their situation since the eviction? Look for evidence of improved financial stability, steady employment, or positive rental history post-eviction.
  4. Request additional security: If you decide to move forward, consider asking for a higher security deposit or a co-signer to mitigate potential risks. This provides an extra layer of financial protection.
  5. Open communication: Discuss the potential tenant's eviction in an open manner. This can provide insights into their current situation and future reliability.
  6. Regular monitoring: Once the tenant is renting, regular property inspections and consistent communication can help monitor the situation and ensure the tenancy remains on favorable terms.
  7. Legal and regulatory compliance: Ensure that any decision regarding renting to someone with an eviction history complies with fair housing laws and local regulations.
  8. Professional advice: If uncertain, consider seeking advice from a legal professional or a property management expert.

Ultimately, renting a new apartment to someone with an eviction history can be a calculated risk. By applying these strategies, landlords and property managers can make more informed decisions that protect their property while offering a second chance to potentially responsible tenants.

Making informed tenant decisions: a practical example

To understand the role of evictions in tenant screening, let's take a look at some hypothetical eviction search scenarios:

Scenario for declining a tenant:

Imagine a potential tenant, John, who applies for your rental property. During your tenant screening process, you discover he has a recent eviction history. Further investigation through eviction records and speaking with his previous landlord reveals that John has had multiple evictions for unpaid rent and property damage in the past three years.

His credit report shows several late payments and outstanding debts. In this scenario, the consistent pattern of financial irresponsibility and property mismanagement may lead you to decide not to rent to John, as the risk appears high.

Scenario for accepting a tenant:

Conversely, consider another applicant, Sarah, who also has an eviction on her record from five years ago. Upon checking her rental history reports and conducting background checks, you find the eviction was due to a temporary job loss. Since then, she has maintained a stable employment history.

Her recent full rental history report shows on-time rent payments, and her current landlord provides a positive reference. In this case, Sarah's previous eviction appears to be an isolated incident rather than a pattern, suggesting she could be a reliable tenant now.

It's important to remember that these scenarios illustrate how different factors can influence a landlord's decision regarding tenants with eviction histories. Every tenant application is unique and deserves careful consideration.

Azibo's tenant screening service

Azibo's tenant screening service offers landlords a comprehensive and streamlined solution for evaluating potential tenants. This service includes detailed criminal background checks, credit reports, and a review of eviction histories.

Azibo's user-friendly platform sets it apart.

Azibo simplifies the tenant screening report and screening process, making it accessible and efficient for landlords of all experience levels. Using Azibo, landlords can make informed decisions, reduce the risk of problematic tenancies, and ultimately secure reliable and responsible property tenants.

Sign up for Azibo today!

Free eviction record check tools

Several free eviction check tools and services are available for landlords looking to streamline their screening process without incurring additional costs. These resources provide landlords with essential information about a tenant's eviction history, helping them make informed decisions while keeping expenses low.

Below is a short list of popular options that offer free eviction checks.

  1. Public court records: Accessible online databases where landlords can search for eviction records at no cost.
  2. County websites: Some local counties provide free access to eviction records.
  3. Tenant questionnaires: Including eviction-related questions in your rental application form is a simple, cost-free method to gather information directly from applicants.

Using these free tools allows landlords to perform basic eviction checks, but integrating additional paid services may be necessary for a more comprehensive screening.

The importance of tenant screening services

This guide underscores the importance of thoroughness in tenant selection, from understanding the legal implications of an eviction notice to employing various screening strategies.

Landlords can make well-informed decisions by checking public records, using professional background check services like those offered by Azibo, and scrutinizing credit scores and rental history reports.

Additionally, this guide highlights the significance of evaluating each eviction case on its merits, considering the timeframe and any positive changes in the tenant's circumstances. With a balanced approach of open communication, regular monitoring, and adherence to legal compliance, landlords can navigate the often challenging decision-making process of renting to tenants with an eviction history.

Above all, Azibo's tenant screening service emerges as a valuable resource. It provides a user-friendly and efficient platform for landlords to comprehensively understand a potential tenant's history, reducing the risks associated with property rentals.

Where do property managers check for evictions? FAQs

Do credit checks show evictions?

Credit checks don't directly show evictions, but they can reveal related information that may indicate a prospective tenant's eviction history. For instance, unpaid rent reported to credit bureaus or debts owed to a previous landlord might appear on a credit report.

Do evictions show on credit reports?

Evictions themselves do not appear on credit reports. However, if eviction proceedings led to a financial judgment, such as unpaid rent or a court-ordered payment, this could be listed on a credit report.

Additionally, any debts or collections related to an eviction that are reported by a landlord or collection agency may be reflected. Credit reports give property managers valuable insights into a potential tenant's financial responsibilities, which are an essential component of tenant screening.

Do landlords actually check references?

Yes, most property managers and landlords check references as part of their screening process. This typically involves contacting previous landlords, employers, or other references provided by the prospective tenant.

These checks help verify the tenant's rental history, on-time payments, and general reliability. Speaking with a current or previous landlord can provide valuable insights into a potential tenant's behavior, such as whether they pay rent late or have had issues leading to eviction notices. Property managers must assess prospective tenants' potential, not just their past.

Important Note: This post is for informational and educational purposes only. It should not be taken as legal, accounting, or tax advice, nor should it be used as a substitute for such services. Always consult your own legal, accounting, or tax counsel before taking any action based on this information.

Gemma Smith

With 7 years in property management, Gemma serves as a key content strategist at Azibo.com. While excelling in writing, editing, and SEO, she also enhances Azibo's social media presence. Passionately, Gemma educates others to make informed real estate investment decisions in the ever-changing market.

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