Handing the keys to a new tenant should bring relief. However, for many landlords and property owners, the fear of unknowingly renting to someone with a history of evictions is all too real. What if a past eviction hasn’t surfaced yet? What if you missed a critical red flag buried just out of sight?

The consequences of overlooking an eviction can be devastating: lost income, legal headaches, and the stressful process of regaining control of your property. Unfortunately, it’s a mistake many realize only after it’s too late.

This article equips you with 6 effective strategies to uncover past evictions before signing that lease. From leveraging advanced screening tools to uncovering hidden details that standard background checks might miss, we’ll walk you through actionable steps to protect your property and deliver peace of mind.

How to check an applicant’s eviction history

We’ll start by exploring 6 standard and lesser-known techniques to help ensure you get an accurate picture of your applicant’s rental history.

Option 1: Tenant screening reports

The most common method is to use tenant screening services. For example, Stessa offers comprehensive tenant screening, which can include credit scores and history, criminal background checks, judgments and liens, and eviction records. While professional screening services are an essential starting point, some evictions may not appear immediately while others might not be reported at all.

It can take anywhere from 30 to 60 days for an eviction to be processed and become discoverable to screening agencies, and clerical errors such as misspelled names or incorrect addresses can affect the accuracy of eviction reports. 

Additionally, some jurisdictions have enacted laws to limit the impact of eviction records on a tenant’s ability to secure housing. For example, California passed Assembly Bill 2819 in 2016, prohibiting courts from making an eviction part of public records unless the landlord prevails within 60 days of filing.

Option 2: Court records search

For a more thorough approach, consider searching court records yourself. Many county courts have online databases where you can search for eviction filings. This method can uncover recent evictions that haven’t made it to screening reports yet.

To do this:

• Identify the counties where your applicant has lived.
• Visit each county’s court website.
• Search for the applicant’s name in civil case records.
• Look for terms like “unlawful detainer” or “eviction.”

Option 3: Rental history verification

Don’t underestimate the power of old-fashioned detective work. Ask the tenant for landlord references and contact previous landlords directly to verify a potential tenant’s rental history. Ask specific questions about their tenancy, including:

• Did they pay rent on time?
• Were there any lease violations?
• Would you rent to this person again?

Option 4: State-specific eviction databases

Some states maintain their own eviction databases. For example, California counties have an Unlawful Detainer registry. Check if your state offers a similar resource for an additional layer of verification.

Option 5: Credit report analysis

Some evictions may not appear on credit reports but could show up as collections or judgments. A careful analysis of the credit report might reveal eviction-related financial issues.

Option 6: Applicant interview

Sometimes, the most revealing information comes from prospective renters themselves. During the interview, ask direct questions about their rental history and reasons for moving. Pay attention to any inconsistencies or evasive answers.

Interpreting eviction records and history

When analyzing a potential tenant’s eviction history, context is key. Not all evictions mean the same thing, so understanding the full picture is essential. Here are some steps and factors to consider when interpreting an applicant’s eviction history.

Consider the key factors behind an eviction

Evictions aren’t always black and white. When evaluating an applicant, ask yourself these questions to dig deeper into their history:

• When did the eviction happen? Timing can tell you how relevant the incident is to their current situation. An eviction from many years ago may hold less weight than something recent. 
• Why were they evicted? Common reasons include non-payment of rent, lease violations, or damage to the premises. But, it’s also crucial to consider if the eviction stemmed from factors beyond the tenant’s control. For instance, economic difficulties caused by COVID-19 or an unexpected personal crisis like a divorce.
• What’s their current situation? Compare their circumstances now to what was happening at the time of the eviction. For example, if they’ve stabilized their finances or resolved past issues, it could show they’re a stronger candidate today.

Focus on recent history

The last few years of rental history typically give the clearest insight into a potential renter’s current situation. While having a complete history is helpful, prioritize the more recent pattern. This shorter timeline could offer greater insight into their current behavior and stability.

Verify by cross-checking

Don’t rely solely on an applicant’s word. Take the time to:

• Cross-reference information from multiple sources, such as court records and references.
• Request clarification on any details that seem unclear.
• Ask for additional documentation, such as a rental payment ledger or written explanations.

Consider mitigating factors

An eviction record doesn’t always mean an applicant will be a problematic tenant. Here are some other things to consider:

• The reason for the eviction: Was it for financial issues or misconduct?
• When the eviction occurred: If it was several years ago, their behavior may have since changed.
• Circumstances contributing to the eviction: Perhaps it was due to job loss, a medical emergency, or a natural disaster.

Keeping an open mind and considering all factors is beneficial before deciding based solely on an eviction record. By following these steps and being thorough in your background check process, you can make an informed decision about the best prospective tenant for your rental property.

Legal considerations

Misusing information or unintentionally discriminating against applicants can lead to serious consequences, even if it happens accidentally. Here are some of the key legal factors every landlord should know.

1. Consider the eviction date

Evictions typically stay on a tenant’s credit report for up to 7 years. However, consider this timeframe and compare it to the applicant’s current circumstances. Focusing solely on older evictions could result in overlooking a qualified tenant who improved their financial situation.

2. Use eviction records responsibly

While eviction histories are valuable, misinterpreting or misusing this data can cause legal trouble. Consider avoiding blanket policies that automatically disqualify prospective renters with any prior evictions. Instead, use a case-by-case approach, looking at each applicant’s overall history and current circumstances.

3. Comply with the Fair Housing Act

The Fair Housing Act (FHA) prohibits discrimination against applicants based on race, color, national origin, religion, sex, familial status, or disability. Ensuring your tenant screening process doesn’t unintentionally discriminate under these categories is critical. Here’s how to stay compliant:

• Apply the same screening criteria to all potential tenants.
• Avoid questions or policies that could seem biased (e.g., only allowing tenants of a specific age group or family size).
• Document your decision-making process to justify rejections if required.

4. Get professional guidance when needed

If you’re struggling to interpret legal requirements or are unsure if your rental application process meets current regulations, consult a legal expert. A brief consultation can help prevent costly lawsuits and protect you from unintentional violations of landlord-tenant laws.

Additional strategies for managing tenant risk

Deciding whether to rent to an applicant with an eviction history can be challenging. If you’re unsure about an applicant, here are some practical strategies to consider that give potential tenants the chance to prove themselves.

Request a larger security deposit

Where local laws permit, asking for an increased security deposit can give you a financial safety net against potential damages or missed rent payments. A bigger deposit can also demonstrate the tenant is serious about paying the rent on time and taking care of the property.

Require a co-signer

A co-signer with strong financial credentials can add an extra layer of protection. If the tenant can’t meet their obligations, the co-signer becomes legally responsible, helping to reduce your financial risk.

Start with a shorter lease term

Offering a month-to-month or shorter lease term allows you to test the tenant’s reliability without committing to a long-term arrangement. You can always renew or extend the lease if the tenant proves to be responsible.

Select the right tenants to minimize the risk of default

Your goal isn’t to find the one perfect tenant. Instead, aim for tenants who show signs of responsibility and who will pay on time and care for your property. Trust your instincts, but always back up your decisions with facts.

A tool like Stessa can help. With RentPrep’s comprehensive tenant screening service integrated into the Stessa platform, evaluating prospective tenants is easy. 

You get a full credit report along with eviction and criminal history, including bankruptcies, judgments, and liens. You can also contact FCRA-certified screeners for live support and add income verification and other premium add-ons for peace of mind.

Once you find a great tenant, Stessa simplifies the leasing process with its lease templates, DocuSign eSigning capabilities, and rent collection service, all of which make it more effortless than ever to turn a vacancy into positive cash flow.

Get started with Stessa today and take the hassle out of managing your properties.