HELP! Should I rent to a tenant with a prior eviction?
Rental Property Investor · NV · Member since 2014 · 241 posts · 85 votes
I have a unit in a tri-plex that is available to rent. I had a tenant call to see the property. Everything seemed good, they looked good and showed up on time to the showing. The only problem is when I sent them over the application they stated that they had a prior eviction 4 years ago in 2012. The tenant stated they would pay higher rent and a higher deposit but I'm concerned that I might end up with a problem on my hands in the event they decide to stop paying rent. On the plus side they were very open about the eviction and didn't try to hide anything. People can change so it's tough to just lable them. What would you do? Run the BG check and go from there?
@Garrett Diegel, I will never rent from someone who has been evicted before. Sure, they could have changed and will pay on time each month, but having an eviction shows a to me a couple of things:
1. They paid rent late, or did not pay rent, most likely for more than one month in a row.
2. They let it go all the way to a full eviction, rather than working out a deal with the landlord.
So I would personally NEVER rent to someone who has had a prior eviction. What are the odds that they have changed? How can you prove that? Also, check your local laws, but I know in MA you can't charge someone more rent than you would charge someone else. They have obviouslty had a hard time finding a place to live if they are offering that up front. It should not be hard to find someone else.
Best of luck!
@Joe Splitrock @Account Closed completely agree with both of you. I think my posting is being taken too broad. I do not think that every tenant with an eviction should be considered. I am saying the opposite, and is what I do, that I say no to almost every applicant with an eviction, terrible credit or a past of criminal convictions. My comments are more to say that this is a people business and I am looking at the whole picture and am considering a tenant with a prior eviction. I am not just trying to be a good guy and help someone while taking a huge risk. My risk is minimized in this one particular instance because she has a co-signer, because she moved from her friends, because she has been renting recently successfully, has money saved in the bank and ironically I know her brother... This is the first time I have ever considered it and definitely does not make me open to accepting more in the future. So, my post was more to highlight that it does not ALWAYS have to be a no automatically and that communication could be key to finding out more.
@Jedd Braunwarth my point (and I think the point @Account Closed is making) is that I would not waste time hearing the story. Everyone I have ever met with eviction has a great story to explain why it isn't their fault and why it will be different this time. I could spend time trying to decode the mystery and evaluate my risk, but I just don't feel it is worth it. I do not believe in absolutes, but when it comes to certain things I just don't waste my time. Other examples include violent crimes, sex offenders and really bad credit scores. Each of these could have examples where it may be ok to rent to them, but again why bother trying to figure it out? In my market there are plenty of better candidates, so it is not necessary.
I am not knocking your decision. I am just saying as a matter of practical advice it is best to stay away.
I have a unit in a tri-plex that is available to rent. I had a tenant call to see the property. Everything seemed good, they looked good and showed up on time to the showing. The only problem is when I sent them over the application they stated that they had a prior eviction 4 years ago in 2012. The tenant stated they would pay higher rent and a higher deposit but I'm concerned that I might end up with a problem on my hands in the event they decide to stop paying rent. On the plus side they were very open about the eviction and didn't try to hide anything. People can change so it's tough to just lable them. What would you do? Run the BG check and go from there?
Absolutely not. Don't deal with that noise.
Hey @Garrett Diegel, tenant eviction is a red flag for me and probably many fellow investors agree. Do you know why they were evicted at all? Perhaps it was an ex lover with one of the tenants that trashed the place but since two people were on the lease they got the mark on their record? Perhaps contact their last landlord and get the true story from them. Of course the tenant may not have disclosed the reason, and if not,i'd deny.
@Garrett Diegel, I will never rent from someone who has been evicted before. Sure, they could have changed and will pay on time each month, but having an eviction shows a to me a couple of things:
1. They paid rent late, or did not pay rent, most likely for more than one month in a row.
2. They let it go all the way to a full eviction, rather than working out a deal with the landlord.
Absolutely right. I rented to a tenant with an eviction filing; she disclosed that on her application. I spoke to her landlord, and we chatted for over half an hour. The problem was due to a job loss. I took the chance, and she's been a good tenant for almost 4 years now.
But if it had gone to court, then a definite NO.
@Garrett Diegel I remember a collections guy making a presentation to a landlord's group. He looked straight at the audience and said, the best guide to future behavior is past behavior. I have managed my business on this basis ever since, and it has served me well. There are lots of tenants without evictions, and you should find one.
(This is not meant for any specific landlord. The "you" is rhetorical).
This is so disgusting, you are all full of yourselves and power-tripping, plus you're showing poor judgment which should be a red flag for renting FROM you. Yes, you run a business, but that business serves the public interest of providing housing. Where do you want these people to go? Also, do you like being sued? If you make exceptions to your policy then your policy becomes "do I LIKE you?" So you don't rent to someone, they get an apartment next door, then they sue you for discrimination or retaliation.
Why do you think every evicton is the tenant's fault anyway? Some landlords are vindictive, and yes there are cases where someone is sued who already moved out. Going to punish them because the landlord retaliated? I know of a case where someone got a notice to quit that said they had a month and they were sued before they even got the notice! If you don't get the story from the tenant, would you rather get it from the tenant's lawyer? It's like saying you wouldn't hire someone who has been fired; what if it was because her boss tried to rape her?
Oh and if you deny a rental to someone who has been messed with, expect negative reviews to pop up all over the internet within months as these tenants will make sure to spread as much bad news as they can about you, as they should. Maybe this is how we rid the financial gene pool of the intellectually challenged. Do you really think your stupid little property is reason to play god with people's lives? If someone has NO CRIMINAL RECORD, that should be the end of it. At the very least, examine the circumstances of the eviction and give the benefit of the doubt. Would you want a doctor deciding to give you medical care this way? You think you can never wind up broke? Get sued and guess what? You might be the one with the black mark and no money now where do you go?
Now, after you've refused to rent to someone, and they wind up homeless, they land on the city's doorstep, and the city listens to their sob story, decides you are wrong, and suddenly you have tax audits, building inspectors, and enough alphabet soup to DROWN you in your life. All because you told someone who was trying to spend money on you that they're garbage, just because your life is so pathetic that you need to feel superior?
I'm not saying not to protect your interests, but please realize you are performing a basic function for society and need to let your responsibility match your power. Stepping on someone who has already been stepped on is never a good idea.
Minorities and the disabled are more likely to be evicted, so even on its face the policy may be discriminatory, and there are lawsuits working their way through the system. Don't like being sued? Don't break the law or don't give someone a reason to think you might be breaking the law. If you say you wouldn't rent to someone who is litigious guess what? They have nothing to lose by suing you and some can do it without a lawyer, while your corporation must have an attorney. You just lost $100,000 even if you "win" the case.
Try keeping a more open mind :-)