Settled Eviction - How is this Considered?

Settled Eviction - How is this Considered?

Kadia LawrencePro Member
Member since 2018 · 93 posts · 23 votes

All - how do you perceive and score applicants that have either had 1) an open eviction filing, 2) an eviction filed case that got settled? (Neither of these appears to be the same as an eviction.)

Thanks.

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
1mo
Quote from @Kadia Lawrence:
Quote from @Richard F.:

Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?


Thank you.  It was relatively recent.  I tried to get a bit more clarity but the applicant withdrew after I asked a set of clarifying questions.


1) Open Eviction Filing - usually means they are behind with rent at current home. NOT GOOD!

2) Settled Eviction - why did it get to eviction and THEN get settled?

Both of these are signs of a tenant with challenges paying their rent on time.

Unless they have irrefutable evidence of repairs not being done, a temporary medical condition, etc., they are too high risk.

The fact they withdrew when questioned, tells you all you need to know...

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  • Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    1mo

    Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?

    • Kadia LawrencePro Member
      OP
      Member since 2018 · 93 posts · 23 votes
      1mo
      Quote from @Richard F.:

      Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?


      Thank you.  It was relatively recent.  I tried to get a bit more clarity but the applicant withdrew after I asked a set of clarifying questions.

    • Drew SygitBusiness Member
      Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
      1mo
      Quote from @Kadia Lawrence:
      Quote from @Richard F.:

      Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?


      Thank you.  It was relatively recent.  I tried to get a bit more clarity but the applicant withdrew after I asked a set of clarifying questions.


      1) Open Eviction Filing - usually means they are behind with rent at current home. NOT GOOD!

      2) Settled Eviction - why did it get to eviction and THEN get settled?

      Both of these are signs of a tenant with challenges paying their rent on time.

      Unless they have irrefutable evidence of repairs not being done, a temporary medical condition, etc., they are too high risk.

      The fact they withdrew when questioned, tells you all you need to know...

    • Kadia LawrencePro Member
      OP
      Member since 2018 · 93 posts · 23 votes
      1mo
      Quote from @Drew Sygit:
      Quote from @Kadia Lawrence:
      Quote from @Richard F.:

      Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?


      Thank you.  It was relatively recent.  I tried to get a bit more clarity but the applicant withdrew after I asked a set of clarifying questions.


      1) Open Eviction Filing - usually means they are behind with rent at current home. NOT GOOD!

      2) Settled Eviction - why did it get to eviction and THEN get settled?

      Both of these are signs of a tenant with challenges paying their rent on time.

      Unless they have irrefutable evidence of repairs not being done, a temporary medical condition, etc., they are too high risk.

      The fact they withdrew when questioned, tells you all you need to know...


      Thanks for your notes on the 2 situations.  That makes sense and I have to agree with you.  I was very neutral in my follow up questions and was concerned that they didn't submit proof of the most recent rent payments and seemed to conveniently ignore certain requests while responding to others. 

    • Drew SygitBusiness Member
      Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
      1mo
      Quote from @Kadia Lawrence:
      Quote from @Drew Sygit:
      Quote from @Kadia Lawrence:
      Quote from @Richard F.:

      Depends on how long ago, and what the rest of their profile looks like. Neither is a positive finding, it is just a matter of figuring out how bad they are, in relation to the risk you are willing to take. Clearly, they are very familiar with the system. Are you?


      Thank you.  It was relatively recent.  I tried to get a bit more clarity but the applicant withdrew after I asked a set of clarifying questions.


      1) Open Eviction Filing - usually means they are behind with rent at current home. NOT GOOD!

      2) Settled Eviction - why did it get to eviction and THEN get settled?

      Both of these are signs of a tenant with challenges paying their rent on time.

      Unless they have irrefutable evidence of repairs not being done, a temporary medical condition, etc., they are too high risk.

      The fact they withdrew when questioned, tells you all you need to know...


      Thanks for your notes on the 2 situations.  That makes sense and I have to agree with you.  I was very neutral in my follow up questions and was concerned that they didn't submit proof of the most recent rent payments and seemed to conveniently ignore certain requests while responding to others. 


       They're probably looking for a naive mom & pop landlord that doesn't screen well.

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    1mo

    If the applicant has an eviction filing involving nonpayment of rent within the last five years, that’s a hard pass for me.

    Put your screening standards in writing and include them with your rental application. For example:

    • Minimum credit score: ___
    • Verifiable gross income of at least 3x the monthly rent
    • No eviction filings related to late or unpaid rent within the last five years
    • No completed evictions within the last five years
    • Satisfactory rental history
    • Any other lawful, objective criteria you apply to every applicant

    The key is to establish your criteria before you start reviewing applicants and apply those standards consistently.

    Also, check your state and local landlord-tenant and fair-housing laws. Some jurisdictions restrict how landlords may consider eviction records, older filings, dismissed cases, sealed records, or other rental-history information.

    Know your standards before the application comes in. It makes screening cleaner, more consistent, and much easier to defend.

    • Kadia LawrencePro Member
      OP
      Member since 2018 · 93 posts · 23 votes
      3w
      Quote from @Marc Winter:

      If the applicant has an eviction filing involving nonpayment of rent within the last five years, that’s a hard pass for me.

      Put your screening standards in writing and include them with your rental application. For example:

      • Minimum credit score: ___
      • Verifiable gross income of at least 3x the monthly rent
      • No eviction filings related to late or unpaid rent within the last five years
      • No completed evictions within the last five years
      • Satisfactory rental history
      • Any other lawful, objective criteria you apply to every applicant

      The key is to establish your criteria before you start reviewing applicants and apply those standards consistently.

      Also, check your state and local landlord-tenant and fair-housing laws. Some jurisdictions restrict how landlords may consider eviction records, older filings, dismissed cases, sealed records, or other rental-history information.

      Know your standards before the application comes in. It makes screening cleaner, more consistent, and much easier to defend.


       Thanks very much!

  • Jimmy LieuBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes
    4w
    Quote from @Kadia Lawrence:

    All - how do you perceive and score applicants that have either had 1) an open eviction filing, 2) an eviction filed case that got settled? (Neither of these appears to be the same as an eviction.)

    Thanks.

    I’d treat an eviction filing differently from an actual eviction judgment. A filing alone doesn’t necessarily tell the whole story, especially if the case was dismissed or settled. I’d look into what happened, how recent it was, rental history before and after the filing, income, references, and whether there are any unpaid balances to a previous landlord. I’d also make sure the same written screening criteria are applied consistently to every applicant and that the decision complies with applicable fair housing and local laws. For me, it’s more about the full picture and documented facts than automatically rejecting someone because a case was filed.
    • Kadia LawrencePro Member
      OP
      Member since 2018 · 93 posts · 23 votes
      3w
      Quote from @Jimmy Lieu:
      Quote from @Kadia Lawrence:

      All - how do you perceive and score applicants that have either had 1) an open eviction filing, 2) an eviction filed case that got settled? (Neither of these appears to be the same as an eviction.)

      Thanks.

      I’d treat an eviction filing differently from an actual eviction judgment. A filing alone doesn’t necessarily tell the whole story, especially if the case was dismissed or settled. I’d look into what happened, how recent it was, rental history before and after the filing, income, references, and whether there are any unpaid balances to a previous landlord. I’d also make sure the same written screening criteria are applied consistently to every applicant and that the decision complies with applicable fair housing and local laws. For me, it’s more about the full picture and documented facts than automatically rejecting someone because a case was filed.

      Good points, thank you!

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