Potential Tenant has an eviction started but was dismissed
Lake Geneva, WI · Member since 2022 · 76 posts · 27 votes
Potential Tenant has an eviction started but was dismissed
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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votesI'd move on to the next applicant.
29 Replies
- 3yBjorn AhlbladPro MemberInvestor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
I'd move on to the next applicant.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Martin Guerrero:
Send them a denial. They always have the option of coming back to you and request consideration based on the circumstances, but it's their responsibility to provide evidence. I don't make decisions based on one-sided stories.
The DIY Landlord Book4.7248 Reviews - Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
Quote from @Nathan Gesner:
Quote from @Martin Guerrero:
Send them a denial. They always have the option of coming back to you and request consideration based on the circumstances, but it's their responsibility to provide evidence. I don't make decisions based on one-sided stories.
@Nathan Gesner, let's say the person is part of a protected class and you deny them based on NOT being evicted! Don't you think that could be a risky thing since you are specifically denying them for a reason that completely defies logic and common sense. - Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
Quote from @Martin Guerrero:
Hello fellow Landlords,
I am in the process of screening a potential tenant and it appears they may have had some trouble early 2022 where they might have missed rent payments and it looks like eviction process was started. Looking at criminal record looks like it was the following
Action Type: CIVIL DISMISSAL
Filling Type: CIVIL DISMISSALI would assume they got current and the proceedings were dismissed. I understand we all go through hardships at times..I still have yet to ask tenant her side of story and what happened which I am planning on doing. Have you experienced something similar, what would you do? Too risky? or have compassion? Thank you in advance :)
@Martin Guerrero, I would certainly ask them about it and listen to what they say. Since it is likely their previous landlord I would probably also try to contact them and ask as well.
I once had an applicant that was sued (along with a roommate) by a prior landlord. I asked the applicant about it and this is what they said:
"My roommate had some friends over and one of them acted stupidly and the police got called. After that the landlord wanted us both out and I don't blame them at all. After we left there was a small amount of damage and that's why they filed with the magistrate. We paid the judgment because we did owe it".
I accepted that applicant because they admitted what had happened and took responsibility for it. They ended up being a decent tenant.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Kevin Sobilo:
They weren't evicted, but there was clearly a negative action taken against them. Maybe they weren't evicted because they negotiated a settlement. Maybe the owner died.
I'm not a detective and I'm not going to spend time trying to justify whether they should qualify or not. I look at the evidence in front of me, objectively, regardless of what class they belong to, and I make a decision. Sometimes my decision is wrong and the applicant can come back and request further review.The DIY Landlord Book4.7248 Reviews - Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
Quote from @Nathan Gesner:
Quote from @Kevin Sobilo:
They weren't evicted, but there was clearly a negative action taken against them. Maybe they weren't evicted because they negotiated a settlement. Maybe the owner died.
I'm not a detective and I'm not going to spend time trying to justify whether they should qualify or not. I look at the evidence in front of me, objectively, regardless of what class they belong to, and I make a decision. Sometimes my decision is wrong and the applicant can come back and request further review.@Nathan Gesner, exactly my point! So, since you have no evidence of anything wrong you wouldn't deny anyone! An accusation isn't evidence at all. Assuming someone who was NOT found in the wrong to have done something wrong is ABSOLUTELY NOT objective either.
Why not assume the eviction failed because the landlord was illegally retaliating against the tenant?!? When you assume things it isn't evidence or objecting its showing a bias and couple that with a protected class and you are in double trouble!
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3yThat's another option. If it's on their record, it's easy to assume there's something going on. It's also possible that it was an accident, but I find that the less likely option.
We're just brain-storming here. I can't say 100% without seeing the actual application. based on what I know, I would move on and let them come back and prove me wrong.The DIY Landlord Book4.7248 Reviews - Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes3y
Hi @Martin Guerrero - viewing this as a NYS landlord/investor, move onto the next person.
I understand every scenario is different and there may possibly be a perfectly reasonable explanation for this, but that's why you as the landlord should have non-negotiables for yourself when selecting a tenant.
If I see a prior eviction, even if it's dismissed and resolved, I'm backing away.
Please also keep in mind your state's rules about denial... in NYS thanks to the 2019 Tenant Protection Act, landlords CANNOT deny a potential tenant based on eviction history.
- Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes3y
I would not rent to a tenant who missed payments in the past two years. I require they prove they made the past 24 months rent on time with cancelled checks or their bank statements. Don't know what state you are but what is your FICO requirement? What is your rental history requirement? What is income compared to debts requirement? Use standards that are clear to define, stick with it. Your rules will make all this easier and you will follow all fair housing laws.
@Kevin Sobilo I am not a fan of calling unknown landlord unless it's the last resort. How do you know the phone number the applicant provides is the real landlord? Calling and making exceptions also seems subjective and another applicant could call foul if they were denied. Yes life throws curve balls. Someone might have emergency medical problems and get back to work, but we can't ask about medical conditions because of HIPPA and other discrimination laws. I want to be 100% fair and transparent to everyone.
- Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes3y
This is one of the questions on our application. Have you been late with rent and/or have a non-payment of rent filed in court? The 2nd question is, have you ever been evicted. IF the tenant answer "NO" to both and I find out differently, it's an automatic reject.
Did your application ask this potential tenant about late rent or court filing? If it did, it sounds like they said No. Meaning they were not honest. Not a good way to start things.
- Member since 2023 · 216 posts · 133 votes3y
@Martin Guerrero the ultimate decision is yours, I would ask the applicant about the events. Consider them a high risk applicant and potentially require a co-signer, higher security deposit (if legal in your area), or maybe extra months rent (again if legal where you're located). Also be sure to put a clause that as soon as the rent is late and grace period is up without payment the eviction process will be started and nothing besides full payment will stop the process.
Is it the only applicant you have?
Is the most qualified applicant you have?
How much risk are you able/willing to take on?
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
Quote from @Caroline Gerardo:
I would not rent to a tenant who missed payments in the past two years. I require they prove they made the past 24 months rent on time with cancelled checks or their bank statements. Don't know what state you are but what is your FICO requirement? What is your rental history requirement? What is income compared to debts requirement? Use standards that are clear to define, stick with it. Your rules will make all this easier and you will follow all fair housing laws.
@Kevin Sobilo I am not a fan of calling unknown landlord unless it's the last resort. How do you know the phone number the applicant provides is the real landlord? Calling and making exceptions also seems subjective and another applicant could call foul if they were denied. Yes life throws curve balls. Someone might have emergency medical problems and get back to work, but we can't ask about medical conditions because of HIPPA and other discrimination laws. I want to be 100% fair and transparent to everyone.
Maybe something to keep in mind is that there is a butt for every seat. So, keep in mind that a BAD applicant qualifies for a rental! The question is what kind of rental.
The kinds of requirements you bring up are great and might work well in A or even B class rentals but likely not for C or D.
Keep in mind also that subjective decisions do NOT imply at all disadvantaging a protected class of people. Employers do interviews and make subjective hiring decisions all the time.
I don't often talk to prior landlords, but in certain circumstances I will. It isn't that hard to verify you are speaking with the correct person. Ask them when they bought the property and for how much. Things easily verifiable on public records and something every landlord will approximately remember.
If an applicant had an employment gap causing a lapse in payments you can certainly ask about that but just not the medical information.
One thing I did like that you mentioned was income to debt. I specially use 2 ratios for income qualification similar to mortgage qualification. Gross income 3x rent and also rent + monthly debt payments no more than 45% of the gross monthly income. Most landlords never think about the later one. - Lake Geneva, WI · Member since 2022 · 76 posts · 27 votes3y
Thank you @Caroline Gerardo credit history checks out asides from these few months back in 2022 her credit score is 700+ at the moment. She stated had some trouble due to covid during that time but all her payments before and after have been made on time. Again, the eviction was dismissed but still shows up and she got caught up. Area would be a C/C+ neighborhood and all other applicants have come back at 600 or below. Employment verification checks out...at the moment no other applicants unfortunately,
- Member since 2023 · 216 posts · 133 votes3y
@Martin Guerrero I think you have your answer than, if everything checks out with her she seems solid, people get in binds if she was constantly getting in binds her credit score most likely wouldn't be 700. Just let her know that to you her rent payment is the most important payment she has, let her know that you take paying on time and in full very seriously and have a zero tolerance policy and the eviction process is started as soon as legally allowed.
Don't let her think that her cell phone or cable/satellite bill is more important than her rent. Communication is key for both parties.
- Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes3y
Martin,
Deny. Do exactly what @Nathan Gesner and @Caroline Gerardo tell you. If they're the kind of tenant you actually want, they will call you up and explain by themselves. What they've done here, never mention a 2022 action at all during the application process, seems more than a bit questionable.
And don't do business in Communist New York State with poor @Mohammed Rahman, ever.
I rent cheap C-class rentals. This is a D-class candidate. 2022 trouble with COVID? I've had verified COVID twice, the first time before the vaccine came out. That was hard. The second time was nowhere near that bad. She had all kinds of trouble with COVID in 2022? The vaccine was available. It sounds like a convenient excuse.
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3y
Quote from @Martin Guerrero:
Hello fellow Landlords,
I am in the process of screening a potential tenant and it appears they may have had some trouble early 2022 where they might have missed rent payments and it looks like eviction process was started. Looking at criminal record looks like it was the following
Action Type: CIVIL DISMISSAL
Filling Type: CIVIL DISMISSALI would assume they got current and the proceedings were dismissed. I understand we all go through hardships at times..I still have yet to ask tenant her side of story and what happened which I am planning on doing. Have you experienced something similar, what would you do? Too risky? or have compassion? Thank you in advance :)
Not enough information to say to any direction.
What are the minimum requirements for the property? What's the rent? Does applicant meet the minimum requirements?
From there, all depends.
If they don't meet minimum requirements, denied, next. If everything else is good but this 1 item, I'd simply ask them. Who knows, I've seen great tenants get into medical emergencies that blew up finances, divorce's, all kinds of things that put good tenants into bad situations. Life happens. Ask for clarification if that's your 1 issue.
- Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes3y
- Investor · Potomac Maryland · Member since 2020 · 81 posts · 46 votes3y
Deny them based on "overall review"
- Member since 2019 · 223 posts · 261 votes3y
Getting evicted lates a long time.
Lets look at a typical eviction scenario in my area:
Jan 6-Landlord: You're late on rent
Jan-6 -Tenant: Sorry I'll have it Jan 13th
Jan 13th- Landlord: Where is the Jan rent?
Jan 13th- Tenant: No response or some lame excuse
Jan 14th- Landlord posts 10 day Eviction Notice
Jan 28th- Landlord files for eviction at court house. Court date is set 3-4 weeks (in my city, much longer elsewhere).
After filing the eviction it still isn't on their record. So I'm assuming that this actually went to court. This person probably tied up this property for at least two months without paying rent. I'm guessing it got "dismissed" because they agreed to move out. Then the landlord probably sued for damages and past rent. Hard pass!!
- Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes3y
Quote from @Craig Janet:
Getting evicted lates a long time.
Lets look at a typical eviction scenario in my area:
Jan 6-Landlord: You're late on rent
Jan-6 -Tenant: Sorry I'll have it Jan 13th
Jan 13th- Landlord: Where is the Jan rent?
Jan 13th- Tenant: No response or some lame excuse
Jan 14th- Landlord posts 10 day Eviction Notice
Jan 28th- Landlord files for eviction at court house. Court date is set 3-4 weeks (in my city, much longer elsewhere).
After filing the eviction it still isn't on their record. So I'm assuming that this actually went to court. This person probably tied up this property for at least two months without paying rent. I'm guessing it got "dismissed" because they agreed to move out. Then the landlord probably sued for damages and past rent. Hard pass!!
OR it could be.....
Landlord decides a rental is for making $ not spending $, so when tenant sents notice heat went out in January and place is cold, landlord says " well, you better get some heaters" .
Tenant does, and weeks go by, tenant thinks "huh, when is someone coming to repair". Mid Feb tenant says to landlord what the heck, when is it getting repaired, landlord says "you got heat, I will get it done when can, too expensive now" and this dance goes on until tenant has enough and says there not gonna pay the rent until it's fixed.
So, landlord says they will evict, tenant says great, please, let's go to court, I want a court to hear this.
And landlord DOES file, it DOES go to court, but tenant in time has been looking for a new place because it's just too much, they dealt with the mice, and drafty everything, and the weird smell that started a week after move in, and the - and the- and the but this whole heat issue was the breaking point. So tenant found a new place just before court.
At court judge says "what the heck" and tenant shows record of BS, shows landlord statements, refusing to fix heat etc etc. Judge is like "WTF landlord" and ask tenant what they want to do. Tenant says "Your Honor, i just want to move on from this nightmare, I got a new place, move in 4 days, I am a-ok paying what fair, I was just trying to get the place fixed, what do I gotta do". Judge says "INNOCENT" denies eviction, chews out landlord, hammers out a deal that he won't clip landlords ___ if he cleans his act up and how luck he is tenant is ok just moving out because could sued landlord etc etc.
Done, case dismissed.
If you want to ASSUME about a case we know LITERALLY nothing about, ok, but you MUST consider ALL potentials. It's just as possible tenant was the good persons as it were anything in the world. Who knows, we know NOTHING.
- Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes3y
Continue to interview for potential tenants until you find someone better qualified. Don't say anything to this particular applicant.
- Rental Property Investor · PA · Member since 2017 · 69 posts · 60 votes3y
@Martin Guerrero
In my experience a full disclosure Applicant would have noted on the application about something that may appear negative.
Consider using an Tenant Screening Service that scores the Applicants. Although it's ultimately up to you it provides a systematic ranking/comparison.
Over 20 years ago although I still remember what my Attorney said to me. I had cut applicants a break and it was a disaster and ended up in eviction.
"No good deed goes unpunished"
- 3yJoe HammelBusiness MemberReal Estate Agent · Metro Detroit, MI · Member since 2018 · 612 posts · 666 votes
@Martin Guerrero
Any prospect with an eviction is denied. Most courts encouragement other resolutions before eviction so for someone to get all the way to the point of being evicted takes a certain type of person that statistically is very high risk it will happen again.
However, many PMs and DIY landlords will start the eviction process the day after a tenant is late. This tells them you’re serious and if they don’t come current you aren’t waiting around 30-60 days before you start the court process.
Rent is due the 1st
Grace period is until the 5th
Late on the 6th
Personally we start the filings with the court usually on the 10th
MOST of the time they come current, we dismiss the case, and charge them the court fees.
These aren’t always bad people. Sometimes They’ve fell on hard times and are trying to catch up, they were out of town and late, car accidents, etc. a dismissed case means they’ve came current.
However, you want to try to determine if they came current, OR accepted cash for keys. Cash for keys would be a BAD sign.
So while an eviction is 100% a deal break, a dismissed eviction case wouldn’t be an automatic deal breaker.
See if you can get past landlord referrals.
FIRE Realty Team - Keller Williams5377 Reviews - 3yScott TrenchPro MemberRental Property Investor · Denver, CO · Member since 2014 · 2k+ posts · 6k+ votes
I require references from the last three landlords on my application. And, I'd be sure to require the reference from this dismissed eviction given it's recency. If the tenant is happy to provide that, and the prior landlord admits fault, as some other posters have stated, that would be grounds to potentially continue with the application process.
100:1 odds that the tenant will withdraw from the process after that request, but you never know. There's always a chance that this was truly a case of terrible landlording, and the tenant was fine.
- Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes3y
I once made the mistake of allowing this exact tenant in and I will never do it again.
She had an eviction filed against her, and her story was that she was going through a divorce living with her in laws and they filed an eviction against her for no other reason than to make her life more difficult.
I charged a 2 month deposit as a result to protect myself.
She never paid a single month of rent, fought the eviction and it was my only ever Sherriff eviction that I've had to do.
There are other tenants out there. Protect your investment
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