Finding the perfect tenant is crucial for landlords, and tenant screening is the key to success. An essential part of this process is checking for evictions, as it can reveal valuable insights into a tenant’s rental history and reliability. Here’s a comprehensive guide on how to check for evictions effectively.
What is a Public Eviction Record?
An eviction occurs when a landlord legally removes a tenant from their rental property, typically due to reasons like unpaid rent or significant lease violations. When we refer to an eviction record, we’re talking about the formal documentation that details the eviction process, maintained by the court. This record provides information about why the eviction occurred and the final outcome.
Types of Eviction Records
There are two primary types of eviction records that landlords should be aware of:
- Court Eviction Records: These are detailed records maintained by the courthouse that document the entire eviction process, including the judgment and its results.
- Credit Report Balances: These indicate any past-due balances owed to a rental property, which can show up on a tenant’s credit report. Even if an official court eviction record isn’t found, a balance owed to a previous landlord can be a red flag.
How to Check for Evictions
1. Online Court Records
One method to uncover eviction records is by manually searching online court records. This involves visiting the websites of local courts, such as the justice or district courts, where eviction cases are filed. While this method can be time-consuming, it’s crucial for gathering accurate information.
To search for court records online, landlords should look up court websites in the areas where the applicant has lived. Most court websites have a searchable database where you can enter the tenant’s name to find any records of eviction proceedings.
2. Tenant Screening Services
A more efficient approach is using tenant screening services, like Rentler’s. These services compile comprehensive reports that include rental history, credit checks, and criminal background checks. By using Rentler, landlords can automate the process, making it quicker and more reliable.
Tenant screening services are beneficial because they offer a holistic view of the applicant’s background. They can uncover relevant eviction records, criminal history, and credit reports, providing a clearer picture of the tenant’s reliability.
3. Talking to Previous Landlords
Another manual method is reaching out to previous landlords. By contacting landlords listed on the tenant’s application, you can gain firsthand insights into the tenant’s rental history. Previous landlords can tell you if the tenant paid rent on time, maintained the property, and if they were ever evicted.
However, this method requires caution. Ensure the previous landlords are legitimate, as some tenants might provide false information to cover up a poor rental history. Verifying the authenticity of the contact information is crucial to avoid being misled.
Understanding Eviction Reports
Eviction reports provide detailed information about the eviction process and its outcome. Here are some key terms you might encounter in an eviction report:
- Eviction Notice: A formal document from the landlord to the tenant indicating a breach of the lease agreement and the intention to reclaim the property.
- Judgment for Possession: A court decision granting the landlord the right to reclaim the property.
- Writ of Possession: An order issued by the court authorizing law enforcement to remove the tenant from the property.
Understanding these terms helps landlords accurately interpret eviction reports and make informed decisions.
FCRA Compliance
The Fair Credit Reporting Act (FCRA) sets guidelines for how eviction information can be used. Key points include:
- Permissible Purpose: Landlords must have a valid reason to request eviction records as part of the tenant screening process.
- Disclosure and Authorization: Landlords must inform applicants that they intend to obtain a consumer report and obtain the applicant’s written consent.
- Accuracy and Privacy: Reporting agencies must ensure the information provided is accurate and up-to-date. Applicants have the right to dispute inaccuracies.
- Adverse Action Notification: If a landlord decides not to rent to an applicant based on information found in a consumer report, they must provide an adverse action notice. This notice includes details about the consumer reporting agency that supplied the report and the applicant’s rights under the FCRA.
Making the Call
When assessing potential tenants, it’s important to consider eviction history within the context of their overall financial and rental background. Look at credit reports and criminal history alongside eviction records to get a comprehensive view of the applicant.
Eviction records should be weighed carefully. Multiple evictions or a pattern of unpaid rent could indicate a high-risk tenant, while a single eviction with a reasonable explanation might not be as concerning. Always ensure your decisions comply with fair housing laws to avoid discrimination issues.
Conclusion
Conducting thorough eviction checks is a critical component of the tenant screening process. By using online court records, tenant screening services, and communicating with previous landlords, landlords can protect their investments and ensure a successful rental experience. Understanding eviction reports and complying with the FCRA ensures a fair and legal screening process, ultimately helping landlords find reliable tenants and safeguard their properties.
