Eviction on record from 7 years ago (2008) do you rent to them?
Dallas, TX · Member since 2014 · 517 posts · 106 votes
Trying to find our first tenants. We have found a couple that we like, however the husband has an eviction from an apartment in 2008. I have heard some say that if a person has ANY evictions they would not rent to them. Just wondering if there is a time limit on evictions? Would you rent to someone with an eviction from 7 years ?
Well, it is complicated. I would look at the rest of the credit report. If they were squeaky clean after that, I personally would. My best tenants are the ones that had issues but have turned their life back around. I've had some misses too, but I was on it to get them started on eviction as soon as they relapsed, so they knew I was all business.
You will have the most leverage against them, because it is hard for them to find somewhere else to live.
Maybe charge a premium on the rent for the first year? In NJ your secuity deposit is very limited (1.5x rent amount) so I would go the route of extra payments to build a extra layer of protection for you. It looks like income but you need to save that for court fees and unpaid rent. If Texas has looser rules for security deposit, I would go with 2 months and last payment. If they can come up with that sum, they are most likely good people.
Personally, will skip them. Rationale is why bother to talk yourself into accepting them (scarcity mentality) instead of finding another "cleaner" tenant (abundance mentality). But keep in mind this opinion is based in a city (I'm in Jersey City) where it has strong rental market (ie. easy to find tenants).
How does your market look like?
Well, it is complicated. I would look at the rest of the credit report. If they were squeaky clean after that, I personally would. My best tenants are the ones that had issues but have turned their life back around. I've had some misses too, but I was on it to get them started on eviction as soon as they relapsed, so they knew I was all business.
You will have the most leverage against them, because it is hard for them to find somewhere else to live.
Maybe charge a premium on the rent for the first year? In NJ your secuity deposit is very limited (1.5x rent amount) so I would go the route of extra payments to build a extra layer of protection for you. It looks like income but you need to save that for court fees and unpaid rent. If Texas has looser rules for security deposit, I would go with 2 months and last payment. If they can come up with that sum, they are most likely good people.
Hi Rhondalette,
Personally, my dad and I have that as one of our rules. Never rent to someone with an eviction, the reason is not so much that they got evicted, it’s because the mindset that is attached to it. In Arizona, it’s pretty hard to get evicted, you have to essentially not cooperate with the landlord to get evicted. If you are a tenant and you know you won’t be able to make your payment you should let the landlord know ahead of time and try to work something out. Instead, they not only missed a payment, but they refused to get out of the house! The landlord had to spend extra money to force you out of your house. That being said of course, there are always exceptions to the rule. We had this one couple recently and the lady had an eviction almost 20 years ago when she was 19. She has proven herself since then and turned her life around, plus her husband had a solid history as well.
Evictions may be different in your state, but I would recommend talking to them about the eviction and asking what happened. If they say anything other than taking 100% responsibility, I would point out to them what they did to their previous landlord and ask why they did that? I am sure you have heard this 100 times, but it costs way more to move a bad tenant in then it is to have the property sit vacant a couple months and get a great one!
-John
As a new landlord I would not recommend taking on a rebound case. Like @John Hyattpoints out, that doesn't mean they were late a couple times. They holed up, held out and made the sheriff come over. It is a mindset. Already have one eviction on my record, what's another?
You didn't mention how the rest of their app looks. Ability to pay, background results, personal references, previous landlord referrals over the last 8 years? It's more risk than I would take on as a new landlord. These people are really good at spinning tales and causing drama generally as well. Got a story for everything!
Well, you might have a potentially good tenant there, or you could have a problem tenant there - so you need to have some metrics that you use in scoring an applicant. A scoring model can give or take points away, or decline altogether, depending on the information uncovered in background checks. A minimum qualifying score must be attained to avoid rejection.
For this applicant, I would only give consideration if there were sufficient compensating factors. Income must be higher, to compensate. Must have perfect rent payment history for last two years minimum to a real landlord (not family). Must have better than minimum credit. You get the idea.
Personally, will skip them. Rationale is why bother to talk yourself into accepting them (scarcity mentality) instead of finding another "cleaner" tenant (abundance mentality). But keep in mind this opinion is based in a city (I'm in Jersey City) where it has strong rental market (ie. easy to find tenants).
How does your market look like?
Hey Che Chiu,
The rental market in the Dallas area is great however there always seems to be some issue with each applicant either bankruptcy, or criminal or evictions or smoker with pets or temp employment etc. This is our third applicant we have declined first 2. I am wondering if I am being too picky? I will probably have to pay next months mortgage payment because I am holding to my standards. I agree with you about the abundance mentality. So, I could pass on these people but don't want to be unreasonable as I wait for perfection...
Well, it is complicated. I would look at the rest of the credit report. If they were squeaky clean after that, I personally would. My best tenants are the ones that had issues but have turned their life back around. I've had some misses too, but I was on it to get them started on eviction as soon as they relapsed, so they knew I was all business.
You will have the most leverage against them, because it is hard for them to find somewhere else to live.
Maybe charge a premium on the rent for the first year? In NJ your secuity deposit is very limited (1.5x rent amount) so I would go the route of extra payments to build a extra layer of protection for you. It looks like income but you need to save that for court fees and unpaid rent. If Texas has looser rules for security deposit, I would go with 2 months and last payment. If they can come up with that sum, they are most likely good people.
Rafeal, thank you for sharing your experience. I was thinking along the same lines as you thinking that it may be hard for them to find somewhere if others are not renting to them. due to the eviction 7 years ago. They have study income that is more than 3x's rent and both credit scores are above 600 and have no criminal record. I understand from your post that if I rent to them start saving for possible eviction fees in the future just in case I may need them.
Hi Rhondalette,
Personally, my dad and I have that as one of our rules. Never rent to someone with an eviction, the reason is not so much that they got evicted, it’s because the mindset that is attached to it. In Arizona, it’s pretty hard to get evicted, you have to essentially not cooperate with the landlord to get evicted. If you are a tenant and you know you won’t be able to make your payment you should let the landlord know ahead of time and try to work something out. Instead, they not only missed a payment, but they refused to get out of the house! The landlord had to spend extra money to force you out of your house. That being said of course, there are always exceptions to the rule. We had this one couple recently and the lady had an eviction almost 20 years ago when she was 19. She has proven herself since then and turned her life around, plus her husband had a solid history as well.
Evictions may be different in your state, but I would recommend talking to them about the eviction and asking what happened. If they say anything other than taking 100% responsibility, I would point out to them what they did to their previous landlord and ask why they did that? I am sure you have heard this 100 times, but it costs way more to move a bad tenant in then it is to have the property sit vacant a couple months and get a great one!
-John
Hey John thank you for sharing the experiences that you and your dad have had. I am glad that you suggested talking to them about the eviction and getting some background information on it. I think the husband was getting a divorce from first wife and the separation caused a money issue, but I am just guessing. I will take your advice and get more information. I may even have them write a statement of explanation prior to making a final decision.
Where have they been living since 2008? Can you speak with their most recent landlord(s)? And yes, their real landlord, not a couch surfing experience with family, as Steve mentioned.
I have a tenant that's been in our property for 3 years now, and she put an eviction filing on her application. I spoke with her and her previous landlord, and their stories mostly matched ;) The eviction didn't go all the way to court, and the non-payment issue was because she lost her job. She had a good job when she applied with me, and since she didn't have to be forced out, I took the chance.
As a new landlord I would not recommend taking on a rebound case. Like @John Hyattpoints out, that doesn't mean they were late a couple times. They holed up, held out and made the sheriff come over. It is a mindset. Already have one eviction on my record, what's another?
You didn't mention how the rest of their app looks. Ability to pay, background results, personal references, previous landlord referrals over the last 8 years? It's more risk than I would take on as a new landlord. These people are really good at spinning tales and causing drama generally as well. Got a story for everything!
Steve thanks for your advice. You asked how the rest of their application looks well this is what I have so far:
Husband-31, Wife- 28 and Son-2
Employment- both employed together making almost 4X,s rent of $1250
Background- both have NO criminal background
Evicitions- Husband has 1 from 7 years ago prior to marriage and Wife has No evictions
Credit Scores- Husband 676, Wife 690
Personal References- They used parents as personal references mom and dad. (I have not contacted their parents) For the past few years they have been renting a property from wife's mother.
Lease- they are interested in a 2 year lease.
Well, you might have a potentially good tenant there, or you could have a problem tenant there - so you need to have some metrics that you use in scoring an applicant. A scoring model can give or take points away, or decline altogether, depending on the information uncovered in background checks. A minimum qualifying score must be attained to avoid rejection.
For this applicant, I would only give consideration if there were sufficient compensating factors. Income must be higher, to compensate. Must have perfect rent payment history for last two years minimum to a real landlord (not family). Must have better than minimum credit. You get the idea.
Hey Steve, thanks for sharing your views on having some type of scoring metrics in place. You bring up a good point about about past 2 years with perfect payment history (not family) This couple have been renting from the wife's mother for the past few years. Yikes! Now things are looking even more "hairy".
With today's HOT rental market, take a pass.
Where have they been living since 2008? Can you speak with their most recent landlord(s)? And yes, their real landlord, not a couch surfing experience with family, as Steve mentioned.
I have a tenant that's been in our property for 3 years now, and she put an eviction filing on her application. I spoke with her and her previous landlord, and their stories mostly matched ;) The eviction didn't go all the way to court, and the non-payment issue was because she lost her job. She had a good job when she applied with me, and since she didn't have to be forced out, I took the chance.
Hey Aly, thanks for saying that you took a "chance" with a tenant after hearing her story and making a call to her previous landlord. I guess as a new landlord I feel like all of the boxes have to be perfectly checked (for example, good credit, no bankruptcy, 3x's rent, no evictions, no smokers, no pets etc...) When in reality we all take calculated risks. We look at tenants and try to make our best judgement on whether or not they will pay and take care of our property. I will talk to this couple get more information about the eviction and past rental history and then make a final decision. Thank you.
Trying to find our first tenants. We have found a couple that we like, however the husband has an eviction from an apartment in 2008. I have heard some say that if a person has ANY evictions they would not rent to them. Just wondering if there is a time limit on evictions? Would you rent to someone with an eviction from 7 years ?
Hi, Rhondalette.
I agree with Steve Babiak's response to this. You definitely need to develop some metrics to judge whether or not an applicant is acceptable. It seems like you know your market and understand that in your area someone will have some type of issue. Figure out what's acceptable and what's not for your area and stick to that standard. If you need to ask more questions about the issues, so be it. Sometimes people mess up or circumstances cause unintended decisions.
If I were you, I'd refer to your metrics first, then ask probing questions, if necessary, second.
In this case, I think this decision is up to you, though. I wouldn't tell you to toss them, nor would I tell you to accept them. Seven years is a long time ago, but then again, they've been living with family since?... Hmmm.
...
... You bring up a good point about about past 2 years with perfect payment history (not family) This couple have been renting from the wife's mother for the past few years. Yikes! Now things are looking even more "hairy".
Well, when it comes to the family in this sort of circumstance, there are two scenarios and you will probably get the same reply from the family in either scenario.
Scenario 1: They were wonderful tenants and they always paid in full and on time. Family will tell you that to help the relative get the place.
Scenario 2: They were horrible tenants. Family realizes this is the chance to get rid of the problem, so the family will tell you they were wonderful tenants so they can get rid of them.
So you're unlikely to hear anything other than "they were wonderful" ...
Trying to find our first tenants. We have found a couple that we like, however the husband has an eviction from an apartment in 2008. I have heard some say that if a person has ANY evictions they would not rent to them. Just wondering if there is a time limit on evictions? Would you rent to someone with an eviction from 7 years ?
Hi, Rhondalette.
I agree with Steve Babiak's response to this. You definitely need to develop some metrics to judge whether or not an applicant is acceptable. It seems like you know your market and understand that in your area someone will have some type of issue. Figure out what's acceptable and what's not for your area and stick to that standard. If you need to ask more questions about the issues, so be it. Sometimes people mess up or circumstances cause unintended decisions.
If I were you, I'd refer to your metrics first, then ask probing questions, if necessary, second.
In this case, I think this decision is up to you, though. I wouldn't tell you to toss them, nor would I tell you to accept them. Seven years is a long time ago, but then again, they've been living with family since?... Hmmm.
Hey Guy, thanks for your input on this issue. It looks like I set my own "rules"....yikes! I will say this. I would like to select the best possible tenants for the property. I think these will be good tenants but I am also willing to learn the eviction process if I need to.
...
... You bring up a good point about about past 2 years with perfect payment history (not family) This couple have been renting from the wife's mother for the past few years. Yikes! Now things are looking even more "hairy".
Well, when it comes to the family in this sort of circumstance, there are two scenarios and you will probably get the same reply from the family in either scenario.
Scenario 1: They were wonderful tenants and they always paid in full and on time. Family will tell you that to help the relative get the place.
Scenario 2: They were horrible tenants. Family realizes this is the chance to get rid of the problem, so the family will tell you they were wonderful tenants so they can get rid of them.
So you're unlikely to hear anything other than "they were wonderful" ...
I think you are right Steve! The family will say they are wonderful.
Trying to find our first tenants. We have found a couple that we like, however the husband has an eviction from an apartment in 2008. I have heard some say that if a person has ANY evictions they would not rent to them. Just wondering if there is a time limit on evictions? Would you rent to someone with an eviction from 7 years ?
Hi, Rhondalette.
I agree with Steve Babiak's response to this. You definitely need to develop some metrics to judge whether or not an applicant is acceptable. It seems like you know your market and understand that in your area someone will have some type of issue. Figure out what's acceptable and what's not for your area and stick to that standard. If you need to ask more questions about the issues, so be it. Sometimes people mess up or circumstances cause unintended decisions.
If I were you, I'd refer to your metrics first, then ask probing questions, if necessary, second.
In this case, I think this decision is up to you, though. I wouldn't tell you to toss them, nor would I tell you to accept them. Seven years is a long time ago, but then again, they've been living with family since?... Hmmm.
Hey Guy, thanks for your input on this issue. It looks like I set my own "rules"....yikes! I will say this. I would like to select the best possible tenants for the property. I think these will be good tenants but I am also willing to learn the eviction process if I need to.
If I could offer two bits of advice... never, ever, ever, never accept a tenant off of a gut feeling or because they told a compelling sob story. I did this in 2008 and will NEVER do it again. I got my lashes for it. Secondly, and like you said, know the eviction process BEFORE you accept one application.
Set your "rules" and processes and make sure they make sense for your market. Stick to them!
Hey Missy you ask a good question. He has lived in several places in the last 8 years and the place he was evicted from was not listed on his application because the application requires only two residences current and previous. He has been in current for past 2 years. The only way that I was made aware of this eviction was during the background screening. He made no mention of it. Maybe he thought it would go away after 7 years like information on the credit report? Do you think the apartment complex will still remember or have records of the eviction? I feel like a detective at this point....hmmm
Rhondalette, that's a good analogy about being a private detective ;) That's exactly what we have to be, as much as we can. When you mentioned the two years renting from family, that was another red flag. As Steve mentioned, you will only get a glowing response from them. I've been there and done that. The fact that they've been "renting" from family for 2 years means they either can't manage their money enough well enough to have continued to rent on their own, or they were not approved elsewhere.
My application asks if there were any evictions *or* eviction filings. Once I find out negative things from the background check that weren't on the application or volunteered, I'm already suspicious.
Too many risks for this one, it sounds like. And if you can afford to wait for better candidates, I'd recommend it. Vacancies are definitely cheaper than bad tenants.
@Rhondalette W., is anyone else interested in the property? Do you have a For Rent sign in the yard? Is it listed online anywhere?
This couple (well, the guy) has too many red flags for me. The fact he lied about the eviction is a HUGE problem for me. And, as others have said, "renting" from family as his most recent reference is a big problem. Normally, it wouldn't bother me too much, but coupled with his eviction and the lie about the eviction, I would not want to rent to him.
If you're in the Dallas area, there have to be other applicants, right?
Hey Missy you ask a good question. He has lived in several places in the last 8 years and the place he was evicted from was not listed on his application because the application requires only two residences current and previous. He has been in current for past 2 years. The only way that I was made aware of this eviction was during the background screening. He made no mention of it. Maybe he thought it would go away after 7 years like information on the credit report? Do you think the apartment complex will still remember or have records of the eviction? I feel like a detective at this point....hmmm
If it was an apartment complex that has lots of turnover, they might not have the records any longer. Because they get lots of new ones, and to keep inactive records on hand does not really serve a purpose for them.
Now, when you get a full credit report, it will come with an address history. You of course compare to the application to check for honesty. But you also track down every address and every landlord to get the track record that the tenant had there. Usually, these will get you an honest response if you get any response.
Now, when you get a full credit report, it will come with an address history. You of course compare to the application to check for honesty. But you also track down every address and every landlord to get the track record that the tenant had there. Usually, these will get you an honest response if you get any response.
Steve thank you for the feedback on this potential tenant. I have the full credit report and it lists 3 addresses which includes his current and two former. None, of these addresses were the one found on the eviction report. I have decided to ask the couple for an explanation for the eviction. Wondering if he was unemployed, getting a divorce etc. Also, wondering if he will take personal responsibility or blame the apartment/ landlord for the eviction.
We have several others interested in the property. We have gotten at least 5 phone inquires today and can show it tomorrow to others. We have also shown the property to 8 families and have received 3 applications. Each of the 3 applications have had issues ( #1 couple had bankruptcy and wife had a temp job, #2 applicant family had a criminal record theft and this couple is #3 with an eviction). Just wondering is there a "perfect" tenant out there or will I eventually need to choose the lessor of the evils.
An eviction from when someone was single and in their early 20s is mitigated, IMO, by becoming a married couple with a child and good income 8 years laters. However, I see other issues. The applicants didn't give you any real personal references. And they've been supposedly renting from one of their parents. They don't sound like they have authentic rental history references. You gotta wonder why.
You say that all your applicants thus far are somewhat problematic. How desirable is your unit really? How's the location and is the rent a good value? If so, you should have good tenants competing for the unit in a market like Dallas. IMO, if you're getting less than great applicants in a good market you have a less than great unit.