evictions; actual or threatened?

Question

if a tenant was sued by a prior landlord in an eviction action, how important is that in the screening process?  Does it matter what the outcome of the case was?  Is just being sued by a previous landlord a bright line disqualifer?

Rob K. · Answer

if there have been any court filings from any landlords, I deny them. I don't care what the circumstances were. I had a call the other day from someone who said they rented from a "slumlord" and the house was a dump and they had to sue him to get out of the lease and blah, blah, blah. I don't care. If any other landlord had to go through the time and expense of filing court papers, I have no interest in dealing with those people.

I'm sure there are bad landlords, and I'm sure some of the court filings against tenants are no fault of their own. I have no. Interest in trying to figure out who's right and who's wrong.

I would deny these people and find s done else.

I'm sure there are bad landlords, and I'm sure some of the court filings against tenants are no fault of their own. I have no. Interest in trying to figure out who's right and who's wrong.

I would deny these people and find s done else.

Mike Franco · Answer

I would also find out the whole story.

Besides that, my criteria is 90% based on income anyway. If it seems like they can't afford it, eviction or not, they're not getting the rental.

Joel Owens · Answer

You play the percentages. Percentages say more times than not the prospective tenant is lying outright or by omission.

It's human nature to want to paint an innocent picture and slant themselves in a favorable light. After all they are trying to find a place to live and that can bring out desperation in people.

If you are not getting much action on your rental then you might be pushing market rent to high or your property has layout or live ability and location issues. Either that or your marketing isn't what it could be to drive traffic.

My thought is if you are slightly below market for rents you will get multiple apps and screen for the best tenants so you do not have to think about ( empty property and pay mortgage or take a chance on a marginal tenant game).

Many tenants are that way for a reason. Bad credit, they do not respect property, trouble makers, etc. So there is a smaller pool of qualified tenants that are renters to choose from that landlords fight over.

Tom Goans · Answer

One added consideration, what if the previous landlord or property manager was a jerk or had a personality conflict. It does happen ... too often.

Tom Goans · Answer

Have a conversation with the tenant prospect and make your own determination.

Without a doubt, bad things have or will happen to ALL of us.

My best payers have all had credit issues. Some cannot get a bank account. Yet, they not only pay on time, they pay early. Everyone wins.

You may have the best tenant candidate in front of you. Talk with the tenant and find out.

James Fishman · Answer

suppose the prior landlord sued the tenant by mistake or without any legal basis and the tenant won?

Aly W. · Answer

If all else is equal, I would still ask for an explanation. I had a tenant who lost her rental assistance, and went to Catholic Charities for help. They told her they would consider giving her assistance if she provided proof that she would be evicted without it. I had my attorney file the eviction, but cancelled it after she brought the notice to Catholic Charities.

They ultimately did not give her assistance and she moved out on her own, but the filing was on the court record. I ended up speaking to her new landlord, once she got a full time job, to explain the issue, as he was reluctant to rent to her. She was a good tenant in my property, and had she had a full time job at the time, she would still be there.

The deciding factor for me is if a tenant actually had to go to court and owed the landlord money. Pass!

Joel Owens · Answer

Pass... wait for a better tenant.

Aly W. · Answer

Sued, or just served with an eviction notice? Did the tenant go to court? Were they evicted, and now have a judgment against them in collections? I don't rent to a tenant with an eviction filing against them, unless I can speak to the landlord and understand how it was resolved.

evictions; actual or threatened?

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