Would you rent an apartment with an eviction on record

14 Replies

Hi BP..Here is my current situation my mother told a member of her church that I had an apartment for rent next to the church. The married couple came to the house which is being renovated and they like the unit. The wife doesn't work and is a stay at home mom who home schools her 2 children..The husband works and makes above the 3x the rent requirement..The problem is that she just told me she has an eviction on her record from 2005 or 2007...She didn't want to waste anyone's time if that would disqualify them...Any opinions???

Unless there is a phenomenally good reason why they were evicted (and I had no better applicants) this would be a NO from me. This tenant required another landlord to evict them. They now know exactly how long the process takes and how to use the system. What has changed in their situation that makes you believe they will not make you go through the process?

My company puts a time limit on evictions but the time limit is forever if the eviction is related to drugs or certain other felonies.  I believe it's 7 years for financial-related evictions.  We'll lease sooner with a qualified co-signer if the eviction was financially related.  

In your case, these people appear to have been "clean" for 8 or 9 years.  If you can verify that and get a good understanding that whatever the past problem was it is unlikely to repeat and they clearly otherwise qualify today, I'd personally feel very comfortable leasing to them.

WOW both of you Jeff Rabinowitz and Ed W. make great points and make it hard on me to make a decision ...

Jeff your right a landlord should have to go to court to get you out of his apartment and they know how the system works

and Ed you are right it's been over 7-8 yrs and they told me without me doing the search

I will do more research if they still want it...As of right now I just texted them and said (they seem like nice people but unfortunately eviction's are a big issue if they want they can still fill out the application and explain the evictions and eviction filings and maybe we can work something out.)

@Will Bert ,

A lot of people have been chewed up and spit out by the job market as a result of the economy, especially in the time frame you mentioned.

If due diligence leads you to believe they are trustworthy even with their history, I'd recommend compassion.

My $0.02...

David J Dachtera

"Success is not a destination. Failure is not an event. Success is a process, failure is a choice."
- DJ Benedict

She admitted it was an eviction on her, not the family.  Perhaps this was before she settled down with her current husband who has a good job.  Check out his history and decide from there.

With her not working isnt the decision more wieghted on him? We know she wont be providing any income.  If nothing looked funny with the background check and good/ave credit history I may rent to them. If she has a lot of items in collections that would weigh in my decision to a no rent.  Do you have any other leads?  Do you require a minimum credit score? 

Ok guys here's an up date...The apartment wasn't ready but I still let them see it...I don't know if the eviction is on both or just on her I got the text from her number and she said on her personal record...But now she told my mother at church that the rooms might be to small and not enough closets so I may have just lucked up...

If she does get back to me before I finish the apartment and start showing I will do more research on the issue and keep you guys posted...

thanks for the advice

Originally posted by @Will Bert :

Hi BP..Here is my current situation my mother told a member of her church that I had an apartment for rent next to the church. The married couple came to the house which is being renovated and they like the unit. The wife doesn't work and is a stay at home mom who home schools her 2 children..The husband works and makes above the 3x the rent requirement..The problem is that she just told me she has an eviction on her record from 2005 or 2007...She didn't want to waste anyone's time if that would disqualify them...Any opinions???

 What I would require: This is just in regard to the eviction, they would still have to qualify for the property as anyone else after 1-5 was good:

1) Explanation of the eviction that is verifiable & myself being satisfied with the explanation and the verification

2) Verifiable clean rental record since the eviction

3) 3 times the monthly rental rate as security deposit

4) 12 month lease with no grace period

5) No red flags personality wise, high maintenance, story tellers, shady in any way...BS detector starts sniffing anything even close to a red flag and no go

They balk or can't pass any of the above, pass on them, there are plenty of other good tenants available without an eviction

@mike f.

Your number 3 may not be legal.  Most states place a cap on deposit.  You should verify if its legal in your state.  I totally understand your point of doing this.  

Originally posted by @Jim Adrian :

@mike f.

Your number 3 may not be legal.  Most states place a cap on deposit.  You should verify if its legal in your state.  I totally understand your point of doing this.  

 Yes, Calif security is maxed at 2x the rent.

Clean since '08 - - I'll take'm.

Originally posted by @Will Bert :

Hi BP..Here is my current situation my mother told a member of her church that I had an apartment for rent next to the church. The married couple came to the house which is being renovated and they like the unit. The wife doesn't work and is a stay at home mom who home schools her 2 children..The husband works and makes above the 3x the rent requirement..The problem is that she just told me she has an eviction on her record from 2005 or 2007...She didn't want to waste anyone's time if that would disqualify them...Any opinions???

 Hello Will,

This is a great question, and one that comes up a lot at my company. When looking at someone's background it is easy to get nervous when you see that red mark on their record. A few steps you could take is to check to see if there were any judgement set on them in the eviction. What was the outcome? Did they owe any money when it was over, and if they did, did they pay it?

Maybe find out what was the reason for the eviction?

Make sure to do a full and complete background check (credit, criminal, etc.) If they have an excellent credit report, great income, but have this one issues on their report, they still might make for good tenants. 

Also it might matter that this eviction happened almost a decade ago! Gather some more information and see what was going on in her life at that time. The important thing is to look at their history as a whole and not just  one aspect.

Please let me know if you have any questions!

Originally posted by @Will Bert :
Thanks I will definitly keep you posted and if i have any questions will send you a message @Tom Ott:

 Great! I really hope it works out for you.