Potential tenants with eviction history

Potential tenants with eviction history

Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes

HI all,

when I'm renting out Apartments I often bump into people that say they have an eviction history but it's from a long time ago for example 7 to 10 years ago and they claim that it was when they were young and still in school and they couldn't make it etc. but by now they are on time for the last 5-7-10 years.

Would you have a problem renting out to such a person at all?

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Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
6y

One of my tenant screening criteria is no prior evictions, ever.  It doesn't matter to me when it was, or the story behind it (every single person will have a story).  What matters to me is that they made another landlord go all the way through the formal court eviction process to recover possession of the property.  

It's one thing if they were late on the rent and then got caught up on the payments, or they couldn't get caught up and agreed to voluntarily move out.  However, an eviction means they refused to leave and forced the landlord to go through the court process to recover possession of their property.  

That's not the type of person I want as a tenant.  Plus, if they did it once, I believe it's more likely they'll do it again (and they'll certainly be more educated in how to do it and any potential delay tactics).  

I'm not sure why anyone would want a tenant like that, but I know that I have way too many applicants to choose from to ever have to accept one like that.

To each their own though.

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  • Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
    6y

    If their previous two landlord referrals came back positive (payment on-time or fulfilled any late fees when/if late), I'd probably do it.

  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    6y

    @Sami Gren

    I use no evictions in the last 5 years.  I take the approach we all make mistakes and provided the past history with there landlords for the past 5 years is good I’m ok with it.  They still must pass 3rd party screening, income and other factors that go into a scoring calculation.  I have not had a problem by using this system.

  • Stephen J DavisBusiness Member
    Rental Property Investor · Houston, TX · Member since 2017 · 529 posts · 467 votes
    6y

    Yes, I would lease to them after checking with the last two landlords.

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    6y

    One of my tenant screening criteria is no prior evictions, ever.  It doesn't matter to me when it was, or the story behind it (every single person will have a story).  What matters to me is that they made another landlord go all the way through the formal court eviction process to recover possession of the property.  

    It's one thing if they were late on the rent and then got caught up on the payments, or they couldn't get caught up and agreed to voluntarily move out.  However, an eviction means they refused to leave and forced the landlord to go through the court process to recover possession of their property.  

    That's not the type of person I want as a tenant.  Plus, if they did it once, I believe it's more likely they'll do it again (and they'll certainly be more educated in how to do it and any potential delay tactics).  

    I'm not sure why anyone would want a tenant like that, but I know that I have way too many applicants to choose from to ever have to accept one like that.

    To each their own though.

  • Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
    6y
    Originally posted by @Kyle J.:

    One of my tenant screening criteria is no prior evictions, ever.  It doesn't matter to me when it was, or the story behind it (every single person will have a story).  What matters to me is that they made another landlord go all the way through the formal court eviction process to recover possession of the property.  

    It's one thing if they were late on the rent and then got caught up on the payments, or they couldn't get caught up and agreed to voluntarily move out.  However, an eviction means they refused to leave and forced the landlord to go through the court process to recover possession of their property.  

    That's not the type of person I want as a tenant.  Plus, if they did it once, I believe it's more likely they'll do it again (and they'll certainly be more educated in how to do it and any potential delay tactics).  

    I'm not sure why anyone would want a tenant like that, but I know that I have way too many applicants to choose from to ever have to accept one like that.

    To each their own though.

    the reason why,  is because not every tenant that gets evicted has the intention to pull you through the whole court system, some, especially the very young people, don't get exactly the system.

    AND the landlords in most cases  especially here in New Jersey where you are not required to give them a notice. as soon as they are late they go right away to court and file for eviction

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Kyle J.:

    One of my tenant screening criteria is no prior evictions, ever.  It doesn't matter to me when it was, or the story behind it (every single person will have a story).  What matters to me is that they made another landlord go all the way through the formal court eviction process to recover possession of the property.  

    It's one thing if they were late on the rent and then got caught up on the payments, or they couldn't get caught up and agreed to voluntarily move out.  However, an eviction means they refused to leave and forced the landlord to go through the court process to recover possession of their property.  

    That's not the type of person I want as a tenant.  Plus, if they did it once, I believe it's more likely they'll do it again (and they'll certainly be more educated in how to do it and any potential delay tactics).  

    I'm not sure why anyone would want a tenant like that, but I know that I have way too many applicants to choose from to ever have to accept one like that.

    To each their own though.

    Yes. 

    I'm hard-nosed about it. One of my questions specifically asks about evictions. I would have to have some really spectacular explanation as to why someone was evicted. A person that allows the process to go that far through the court system, to actually end up in a court-ordered eviction, says more about the person than it does about the situation. 

    Skyline Properties
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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Sami Gren:
    Originally posted by @Kyle J.:

    One of my tenant screening criteria is no prior evictions, ever.  It doesn't matter to me when it was, or the story behind it (every single person will have a story).  What matters to me is that they made another landlord go all the way through the formal court eviction process to recover possession of the property.  

    It's one thing if they were late on the rent and then got caught up on the payments, or they couldn't get caught up and agreed to voluntarily move out.  However, an eviction means they refused to leave and forced the landlord to go through the court process to recover possession of their property.  

    That's not the type of person I want as a tenant.  Plus, if they did it once, I believe it's more likely they'll do it again (and they'll certainly be more educated in how to do it and any potential delay tactics).  

    I'm not sure why anyone would want a tenant like that, but I know that I have way too many applicants to choose from to ever have to accept one like that.

    To each their own though.

    the reason why,  is because not every tenant that gets evicted has the intention to pull you through the whole court system, some, especially the very young people, don't get exactly the system.

    AND the landlords in most cases  especially here in New Jersey where you are not required to give them a notice. as soon as they are late they go right away to court and file for eviction

    So, really, you've already decided the tact you will take. Was this a poll or are you looking for someone to change your mind? 

    Skyline Properties
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  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    6y

    One thing I always like to mention is people don't always understand what the term "eviction" means.  I have even seen posters on BP misuse the term.

    A true eviction is court-ordered.  And, just like @Kyle J. mentioned, that is really concerning because it means that someone couldn't pay their rent AND refused to leave.

    But I have heard people say their landlord evicted them because the property was being sold.  Or something else like that.  Where, no, they weren't being evicted.  They were being asked to leave.  For sometimes perfectly innocent reasons.

    As such, I will always ask follow-up questions as to what happened.  I still run my background check, which includes an eviction history, of course.

  • Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
    6y
    Originally posted by @Jennifer T.:

    One thing I always like to mention is people don't always understand what the term "eviction" means.  I have even seen posters on BP misuse the term.

    A true eviction is court-ordered.  And, just like @Kyle J. mentioned, that is really concerning because it means that someone couldn't pay their rent AND refused to leave.

    But I have heard people say their landlord evicted them because the property was being sold.  Or something else like that.  Where, no, they weren't being evicted.  They were being asked to leave.  For sometimes perfectly innocent reasons.

    As such, I will always ask follow-up questions as to what happened.  I still run my background check, which includes an eviction history, of course.

    as I mentioned earlier it doesn't necessarily mean that they refused to leave, sometimes especially in New Jersey where you are not required to give any notice for the tenants, a lot of landlords as soon as they see they are late on the payments they right away file for eviction

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Sami Gren:
    Originally posted by @Jennifer T.:

    One thing I always like to mention is people don't always understand what the term "eviction" means.  I have even seen posters on BP misuse the term.

    A true eviction is court-ordered.  And, just like @Kyle J. mentioned, that is really concerning because it means that someone couldn't pay their rent AND refused to leave.

    But I have heard people say their landlord evicted them because the property was being sold.  Or something else like that.  Where, no, they weren't being evicted.  They were being asked to leave.  For sometimes perfectly innocent reasons.

    As such, I will always ask follow-up questions as to what happened.  I still run my background check, which includes an eviction history, of course.

    as I mentioned earlier it doesn't necessarily mean that they refused to leave, sometimes especially in New Jersey where you are not required to give any notice for the tenants, a lot of landlords as soon as they see they are late on the payments they right away file for eviction

    I've never heard of an eviction that wasn't court ordered that shows up on an eviction check. In any case what difference does it make why the LL filed for the eviction? They still had to go to court, make their case in front of a judge and get an order. That's not easy to do in a state like NJ, which means the tenants likely refused to leave until the judge kicked them out.

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  • Rental Property Investor · Nashua, NH · Member since 2020 · 17 posts · 15 votes
    6y

    I'd consider them... if they met our credit score requirements, their full credit report reflected that they had changed their ways, and the references checked out.  I'd also have to like them . If they had a single missed/late payment in the past 4 years, nope.  There are landlords out there that don't mind that sort of thing.  I'm not one of them.  I'd prefer to pay the shortage on the mortgage and wait for a tenant I was more comfortable with.

  • Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    6y

    Our policy is no evictions on the record. Folks who have been through the process once are more likely to stop paying and refuse to leave again. @Kyle J. hit this straight on the nose. They refused to leave the point of being taken to court. This isn't a kid that got behind. 

    It's kind of like buying cars... I'm looking for clean title/carfax. The ones that come with stories often end up with problems down the line. 

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    6y

    Knowing what I know today I will not consider a person with an eviction EVER I don’t care if it was back during the carter administration, if they have an eviction that’s it ..we are done ! Like taking back a cheating spouse ! Once they know to do it and how it plays out , they will do it again guaranteed

  • Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
    6y
    Originally posted by @Jeremy Smola:

    I'd consider them... if they met our credit score requirements, their full credit report reflected that they had changed their ways, and the references checked out.  I'd also have to like them . If they had a single missed/late payment in the past 4 years, nope.  There are landlords out there that don't mind that sort of thing.  I'm not one of them.  I'd prefer to pay the shortage on the mortgage and wait for a tenant I was more comfortable with.

    What is your credit score requirement, and What type of late payment would you accept (how long ago, etc.)

  • Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
    6y
    Originally posted by @Dennis M.:

    Knowing what I know today I will not consider a person with an eviction EVER I don’t care if it was back during the carter administration, if they have an eviction that’s it ..we are done ! Like taking back a cheating spouse ! Once they know to do it and how it plays out , they will do it again guaranteed

    would you mind sharing your bad experience that you had with such type of people? (I Just like to learn)

  • Rental Property Investor · Nashua, NH · Member since 2020 · 17 posts · 15 votes
    6y

    @Sami Gren

    In the case you described, no late payments on anything for 4 years. We require a 630 credit score for our smaller apartments and 650 in nicer bigger units and single fams. And if they are at the minimum credit score everything else should be crystal clean for 4-5 years.  We’re looking for people recovering from bad credit, not still making late payments.  Most of our tenants have at least 1 person with a 700 and no late payments.

    But it’s also important that the eviction was disclosed to us ahead of time.  If not it’s a deal killer.  

    I haven’t run into people disclosing an eviction, only bankruptcies.  We did find a 5 year old eviction in a background check during the final stage of an applicatant that killed the deal.  2 days later we rented to an applicant with 150k salary and 750 credit score who’s going on 3 years with us.  Sometimes it pays to say no.

  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    6y
    Originally posted by @JD Martin:
    Originally posted by @Sami Gren:
    Originally posted by @Jennifer T.:

    One thing I always like to mention is people don't always understand what the term "eviction" means.  I have even seen posters on BP misuse the term.

    A true eviction is court-ordered.  And, just like @Kyle J. mentioned, that is really concerning because it means that someone couldn't pay their rent AND refused to leave.

    But I have heard people say their landlord evicted them because the property was being sold.  Or something else like that.  Where, no, they weren't being evicted.  They were being asked to leave.  For sometimes perfectly innocent reasons.

    As such, I will always ask follow-up questions as to what happened.  I still run my background check, which includes an eviction history, of course.

    as I mentioned earlier it doesn't necessarily mean that they refused to leave, sometimes especially in New Jersey where you are not required to give any notice for the tenants, a lot of landlords as soon as they see they are late on the payments they right away file for eviction

    I've never heard of an eviction that wasn't court ordered that shows up on an eviction check. In any case what difference does it make why the LL filed for the eviction? They still had to go to court, make their case in front of a judge and get an order. That's not easy to do in a state like NJ, which means the tenants likely refused to leave until the judge kicked them out.

    No, I meant there are a lot of people out there, including potential tenants themselves, who don't understand what a real eviction is. For example, a property owner is selling a rental house. They ask the tenants to find a new place and/or give them a 30-Day Notice to Vacate. The tenants comply and find a new place within the allotted time frame. Of course, that is not an eviction. But the tenants might erroneously call it that because, to them, an eviction=landlord/PM tells them to leave. I've heard people misuse the term eviction dozens of time, both inside and outside of REI. It's right up there with my pet peeve of people mixing up the words "borrow" and "lend", which also happens frequently though I've never understood why that is.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Jennifer T.:
    Originally posted by @JD Martin:
    Originally posted by @Sami Gren:
    Originally posted by @Jennifer T.:

    One thing I always like to mention is people don't always understand what the term "eviction" means.  I have even seen posters on BP misuse the term.

    A true eviction is court-ordered.  And, just like @Kyle J. mentioned, that is really concerning because it means that someone couldn't pay their rent AND refused to leave.

    But I have heard people say their landlord evicted them because the property was being sold.  Or something else like that.  Where, no, they weren't being evicted.  They were being asked to leave.  For sometimes perfectly innocent reasons.

    As such, I will always ask follow-up questions as to what happened.  I still run my background check, which includes an eviction history, of course.

    as I mentioned earlier it doesn't necessarily mean that they refused to leave, sometimes especially in New Jersey where you are not required to give any notice for the tenants, a lot of landlords as soon as they see they are late on the payments they right away file for eviction

    I've never heard of an eviction that wasn't court ordered that shows up on an eviction check. In any case what difference does it make why the LL filed for the eviction? They still had to go to court, make their case in front of a judge and get an order. That's not easy to do in a state like NJ, which means the tenants likely refused to leave until the judge kicked them out.

    No, I meant there are a lot of people out there, including potential tenants themselves, who don't understand what a real eviction is. For example, a property owner is selling a rental house. They ask the tenants to find a new place and/or give them a 30-Day Notice to Vacate. The tenants comply and find a new place within the allotted time frame. Of course, that is not an eviction. But the tenants might erroneously call it that because, to them, an eviction=landlord/PM tells them to leave. I've heard people misuse the term eviction dozens of time, both inside and outside of REI. It's right up there with my pet peeve of people mixing up the words "borrow" and "lend", which also happens frequently though I've never understood why that is.

     Sorry Jennifer, I was actually replying to Sami Gren. I agree with your post 🙂  . I also have an explanation box for my eviction question, which allows me to see if it was actually an eviction or just as you mentioned. 

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