How Can Landlords Check for Evictions?

Every landlord must know how to check for evictions. As of May 2024, reports show that there have been over 1.1 million evictions in the US for the year, just over 73,400 in April alone. Avoiding tenants with a history of evictions can ensure long-term, profitable rentals. Past behavior often predicts future actions, making eviction records an essential tool for assessing reliability during the tenant screening process.

What Is a Public Eviction Record?

Public eviction records detail the legal process and outcomes of eviction cases. They help landlords assess potential tenants’ rental histories and make informed decisions.

Types of Eviction Records

With eviction filings on the rise, landlords face unprecedented challenges and should learn how to make informed decisions. Not looking into eviction history leaves a landlord vulnerable to lost money and huge expenses. A simple check can prevent a lot of stress:

• Court records: Show the legal results of an eviction case. They offer details on the proceedings and explain why the removal occurred. Landlords can also learn important details, such as how late the tenant was on rent payments and damage they may have done to the property.
• Credit records: Reveal any collection actions former landlords had to take to recover unpaid rent and court awards. They may also reveal past missed rent payments that did not result in an eviction and other unpaid debts, such as outstanding utility bills. Credit reports will not show court judgments for eviction.

A record that reveals multiple evictions suggests that the tenant will repeat those bad habits and end up in that situation again. Landlords can use this information to avoid renting to individuals who may end up not paying rent and might represent a higher risk for property damage. While evictions are a last resort for landlords and a severe remedy to remove a tenant, they are sometimes necessary.

How Do Landlords Check for Evictions?

The eviction process itself can vary, with some cases being settled before reaching court, while others may result in court judgments. Landlords must be aware of these nuances when conducting background checks. Using various methods of looking into an applicant’s background can yield the best results. Luckily, there are multiple ways to run an eviction records check.

Public Records

When it comes to checking eviction histories, courts play a crucial role as they are the primary source of official eviction records.

• How to Look Up Court Records Online
  • Find your state’s website: Many jurisdictions have online records access. However, some do not, so being able to conduct an online search for court records depends on the location.
  • Search the name: Most searches require knowing only a name, but having additional information can make it easier to narrow the search. For example, in Franklin County, Ohio, the search form allows you to also enter the date of birth, party type, and the number, year, status and type of case.
  • Get access to the record: Entering as many details as possible will return the most accurate results. Remember that accuracy is imperative to conducting a fair eviction record review.

• How to Look Up Court Records In-Person
  • Go to the clerk’s office: If a landlord finds the local court does not have online records available, they can go to the clerk’s office for the court that handles evictions, which may differ depending on the jurisdiction.
  • Provide as much information as possible: The clerk needs to have all the necessary information to look up any records for the potential tenant.
  • Obtain the records or a hard copy of the documents: There may also be a fee to obtain the records or a hard copy of the documents. Fees can vary. For example, Oklahoma County, Oklahoma, charges $1.00 for the first page and $0.50 for additional pages.

Background Check Services

An easy way to complete an eviction records search is to hire a screening service. These companies will collect the information the landlord has about the tenant, such as name and previous addresses, and then run a background check to find any past evictions. They may also check the tenant’s credit score, criminal background, or employment history.

They do all the legwork, saving the landlord a lot of time. They also have access to various databases and other avenues for gathering information that may be more challenging for landlords to find. Because of this, they often provide comprehensive information the landlord may be unable to get on their own.

Credit Report

Credit reports highlight any outstanding debts, including unpaid rent or utility bills. This can indicate whether a tenant has a history of financial mismanagement or neglecting their obligations.

These list any missed payments on credit accounts, which can include credit cards, loans, and other financial commitments. Consistently missed payments might suggest a pattern of financial irresponsibility.

Running a credit check may reveal any bankruptcies or court judgments against the tenant. While not all judgments are eviction-related, they can signal severe financial distress, which might affect the tenant’s ability to pay rent. By reviewing a credit report, landlords can gain a clearer picture of a tenant’s financial behavior and potential risks.

Rental History Report

Third-party screening services allow tenants to order their own reports. Some landlords opt to have the tenant get the report and submit it with their application. This approach shifts the responsibility to the tenant, empowering them to demonstrate their positive rental history and credibility to potential landlords during the verification process.

Moreover, tenants may appreciate the opportunity to present their rental history in a structured and professional manner, potentially enhancing their chances of securing a lease agreement.

Tenant Screening Questionnaires

These direct questions allow landlords to gather detailed information about past evictions on rental applications, relying on tenant honesty. Nevertheless, landlords must be aware of the Fair Housing Act when conducting any type of background check or requesting information from prospective tenants.

This federal law ensures there are no discriminatory practices in the rental process and provides protection for the following classifications:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

If authorities find a landlord is being discriminatory, they could face serious fines and penalties. For example, in Ohio, the law allows for a fine of up to $50,000 for punitive damages. Other fines may also apply through the federal government.

What Does an Eviction Report Include?

By reviewing the information within an eviction report, landlords can assess a potential tenant’s rental history and determine if they are a good fit for their property. Tenants should also be aware of this and their rights on how others can use this data.

The eviction report may contain various details that give insight into what type of renter the applicant will be, including:

• Names of past landlords: If the records are from court cases, they will include previous landlords’ information. They may also reveal contact information, which can be handy for reference checks.
• Case summary: A court record will outline what happened in the case, including evidence and testimony, which provides a picture of how the situation came about and what the tenant did or did not do to remedy it.
• Judgment details: A court record will list the judge’s ruling and damages awarded. It may also give some insight into whether the renter damaged the property or caused needless difficulty to the landlord during the eviction process.
• Collections: Credit reports will outline any collections related to past-due rent or unpaid court judgments. Other debts will also show, which can be helpful in determining if the renter is having issues paying their bills.

Incorrect information can result in a great applicant being denied or renting to a bad tenant. Tenants must also take the initiative to ensure their reports are correct and contact the proper courts or major credit bureaus to fix any issues.

Alternatives to Traditional Eviction Checks

There are additional methods landlords can use to verify an applicant’s suitability. These alternatives allow for a deeper understanding of the tenant’s background and reliability.

• References from Previous Landlords: When prospective landlords request tenant references in a rental application, they gain valuable insight into the applicant’s rental history and character. While the tenant may not provide all the details about their rental history, calling these references is a good starting point for a records check.
• Employment Verification: Contacting the applicant’s employer can confirm their current job status, income level, and employment stability. This information helps ensure that the tenant has a reliable source of income to cover rent payments.

Conclusion

Screening a potential tenant and knowing how to check for evictions makes good business sense. While tenant screening laws vary by state, most allow landlords to look at eviction records to safeguard their interests.

By properly vetting a renter, landlords can find tenants who will pay on time and keep the property in good condition while avoiding those who may not. This is a step that landlords cannot afford to skip during the application process. Landlords need to utilize all tools to do a comprehensive search into the background of any applicant.

Frequently Asked Questions