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Evictions are every landlord’s worst nightmare, involving costly legal battles and lost rental income. They lose thousands of dollars every time they go through the legal process of removing a tenant. To minimize this risk, they must prioritize screening potential tenants for eviction records.
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.
Key Takeaways
- Evictions involve legal fees, lost rental income, and potential property damage, making them a financial burden for landlords. Thorough tenant screening, including checking for eviction records, is crucial to minimize this risk.
- Landlords can search court records online or in person, hire third-party screening services, utilize tenant references, or request tenants to provide their own rental history reports.
- Not all eviction cases result in actual evictions, and some records may be incomplete or inaccurate. Landlords must carefully analyze the information, consider the context of each case, and adhere to fair housing laws.
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.
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 tenant being denied or renting to someone who is not. 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.
How Do Landlords Check for Evictions?
Landlords should be able to run checks to easily pre-qualify applicants. Tenants also need to be able to check their own backgrounds to look for misinformation or mistakes.
Conducting a thorough scan for past evictions can be tricky. Due to various methods of record keeping, records are sporadic at all levels of government. Some evictions may not go all the way through the court system, which means there will be no court records. However, there may still be ways to discover these instances.
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.
Searching Court Records Online
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.
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 enter the following:
- First name
- Last name
- Middle name
- Date of birth
- Party type
- Case number
- Type of case
- Case year
- Case status
Entering as many details as possible will return the most accurate results. Remember that accuracy is imperative to conducting a fair eviction record review.
Searching Court Records In-Person
If a landlord finds the local court does not have online records available, they can go to the court in person to make a request. They should go to the clerk’s office for the court that handles evictions, which may differ depending on the jurisdiction.
The landlord should provide as much information as possible so the clerk can look up any records for the potential tenant.
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.
Hiring a Third-Party Tenant Screening Service
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.
Using Tenant References
When prospective landlords request tenant references in a rental application, they gain valuable insights 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.
By speaking directly with previous landlords or property managers, current landlords can verify key information such as the tenant’s payment history, adherence to lease terms, and overall conduct as a renter.
Having the Tenant Submit Their 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.
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.
Adhering to Fair Housing Laws in Tenant Screening
Landlords must be aware of the Fair Housing Act when conducting any type of background check or gathering information on 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.
Understanding Eviction Search Results
Getting eviction records and reports is not the end of the process for a landlord. It may not always be obvious why an eviction occurred, and to provide the fairest assessment, this is something a landlord must figure out.
Outcomes of eviction proceedings may vary. They can include:
- Civil new filing: If the landlord did not follow the proper steps when filing the original eviction. This means the court ruled there was something wrong, and the landlord needs to refile the case.
- Judgment: What the court enters after hearing a case. It is the decision that will determine if the tenant or landlord loses. It will usually include an award, such as damages or other money the losing party must pay to the winning party.
- Restitution of premises: Part of the judgment when the landlord wins. It is essentially the eviction order that allows the landlord to regain possession of the rental property.
Understanding Records Beyond Actual Evictions
Eviction records are commonly used by landlords to screen potential tenants. However, not all cases in these reports result in actual evictions. Reasons include:
- Case dismissal due to various issues.
- Rulings favoring the tenant.
- Settlements before formal hearings.
- Cash for keys recipients won’t have eviction records.
- Squatters might lack eviction records depending on the state.
State Regulations:
- New York: Landlords can’t deny rental solely based on eviction filings, and courts can’t sell eviction data to third parties.
- Washington: Tenants can ask courts to exclude eviction cases from tenant screening reports.
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
Can a tenant have an eviction removed from their record?
For those tenants with an eviction in their past, removing it from their record may seem like a viable option. There are 12 states that have laws allowing eviction expungement. In other states, this option is not available.
How far back can an eviction search go?
Eviction searches can typically go back about seven years. Some states may have different rules or allow access to records for a much longer time. If a landlord is searching independently, they might be able to get records from much further back if the court has them available.
How does eviction affect credit scores?
A judgment for an eviction from a court will not appear on a credit report nor impact credit scores. However, related issues, such as collection efforts to get payment for a court judgment, will show up on the report and could lower a credit score.
How long does it take for an eviction to show up?
An eviction record will be available anywhere from one week to 30 days after the court issues a ruling in the case. This varies by jurisdiction and might depend on a specific court’s case load as to how fast the ruling goes into the record.