Should I rent to a previously evicted tenant?

Question

I bought this house in 2022. In one of the apartments there were very problematic people (young guys) who I had to evict. They had no lease, but apparently the mother made the agreement with the previous owner but she had moved out since and left her sons (in their 20s).

On court day, only the mother showed up and stated that she didn’t live there anymore, but she made the oral agreement with the previous owner. Since she recognized that she was no longer living there and her sons were not there, they were evicted pretty quick.

Now I have an apartment vacant in the same building and she and her husband, along with her husband’s daughter and granddaughter want to move desperately. They have family in the same building and I would rent it if the lady who was evicted (because of her sons) was not living there. They offered 2x the security deposit. And their family who also live in the building and are good tenants are begging me to accept them.

Would I be taking a big risk by accepting them? I never had issues with that lady (she was not living there), but if their sons are any reference, they were horrible tenants for the 3 months I had them. (Left the gas on the stove on once, had a running toilet never reported, opened the washing machine faucet to cause a leak to the floor below purposefully when they had no washer).

Samuel Eddinger · Answer

@Alexander Rodriguez - I try not to rent to people that are related to each other or are really good friends.  It will likely make you have two vacant units at the same time instead of one.

Jason Zundel · Answer

Alexander: Once burned, twice shy is a real thing. Especially where you have direct experience with the family. That being said, family members aren't identical, especially generational family members. I would want to know how long the Mother actually lived in the home with the previous owner? Where there problems or issues during that time? If so, what type? If you have communication with the previous owner, that would be worth investigating. From the info I do have, the Mother did show up to court despite not living there and was truthful in her responses, which is honestly a bit of a green flag. Is it a risk to accept a tenant that's been evicted? Absolutely. In this case though you have mitigating factors: the real problem was the sons (make sure the lease is NOT assignable, and only applies to the Mother and her husband), not the Mother. In addition, you have really great tenants there to vouch for the Mother, maybe see if they will guarantee the lease and any damages. These will go a long way to reducing the risk, though it is your decision at the end of the day.

I will add one caveat to be very careful of - many states specifically disallow collecting more than a certain amount for security deposits, and that's going to be applicable regardless of tenant approval or not. In CT, landlords can't require more than two months rent as a security deposit. This limit is reduced to one month's rent if a tenant is 62 years of age or older.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Jason Zundel · Answer

@Alexander Rodriguez - There have been lots of credit comments, suggestions, and advice on this thread, but as many of them have been or are related to security deposits, I wanted to put this reminder:  In CT, landlords can't require more than two months rent as a security deposit. This limit is reduced to one month's rent if a tenant is 62 years of age or older.  That is a hard rule and if the patter holds true and the tenants do cause problems later, you will be in trouble for requiring more, which can hamper your ability to recover and even affect the timing of an eviction.Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Jill F. · Answer

In Ohio, there is no limit on the size of the security deposit you can require. However, you have to pay 5% on any amount held after 6 months, paid annually. I sometimes require last month's rent instead of extra security on lower credit score or very young or otherwise riskier tenants. The other thing you can do here without having to pay interest is charging additional non-refundable fees. Make sure you are very clear on the security deposit requirements for your state.

Tony Savage · Answer

DO NOT RENT TO THIS WOMEN! You will eventually have the same horrible problems that you had before.

Michael Fraulo · Answer

Fool me once, shame on you. Fool me twice, shame on me.

It's tough. It's a red flag imo. Problems will likely creep up over time.

Eric Gerakos · Answer

No.

Dan H. · Answer

We do not accept a tenant that has been evicted.  No excuses accepted.

On the eviction, regardless who lived there at the time of the eviction, she is responsible.  She is the name on the lease.  Why did she not provide notice a month before move out and have the unit empty at move out.  IMO she is more responsible than the kids for the eviction.  She did not properly care for your unit.   When she got the eviction notice, why did she not get her kids out of the unit to avoid the eviction?

why would you consider this tenant.   The likely reason she wants to rent your unit so badly is she has the eviction and landlords that do their due dilligence are unwilling to rent to her (and rightfully so).

This tenant is having difficulty finding a unit to rent and rightfully so.   Her actions led to an eviction.

Do you want to go through another eviction? If not, the answer is obvious.

Good luck

Gustavo Delgado · Answer

take double deposit or more if you can and a top of market rental rate. Stress that any slip up and you will begin eviction proceedings if needed. Have all the adults sign the lease so they all have skin in the game.

Or just flat out NO.

Ying Tang · Answer

I would talk to previous owner to see if she was a good tenant. If you end up lease to her again, you will want to limit the person who can live in the property and put that in the contract. Rent to someone else if you can find good tenants.

Should I rent to a previously evicted tenant?

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