7 min read
Free Eviction Check for Landlords
TurboTenant provides free eviction checks for landlords. Check tenant evictions today for peace of mind tomorrow.
Understanding how to check eviction records is a skill all landlords should have.
Renting to a tenant with a past eviction could be a terrible idea. Think about it: If an applicant didn’t pay rent, brawled with the neighbors, or engaged in criminal activity in their old rental and was forced to leave the property by a judge, wouldn’t you want to know?
By checking eviction records, you could uncover the skeletons in an applicant’s closet and avoid renting to someone who isn’t the model tenant they claim to be. Finding good renters is an essential piece of the landlord puzzle, after all.
Stay tuned, and we’ll explain why evictions matter, break down the step-by-step process of checking eviction records, discuss how to handle candidates with past evictions, and answer some commonly asked questions from landlords.
“Eviction” can be a big, scary word for both landlords and tenants. In the following section, we’ll discuss evictions, why they matter, and why all landlords should check eviction records when screening a tenant.
An eviction is a legal process in which a landlord takes a tenant to civil court to remove them from their property for lease violations or unpaid rent. If the court rules in favor of the landlord, it may order the tenant to vacate the rental property within a specified timeframe.
Evictions don’t occur when a landlord issues a notice for a tenant to move out before the lease’s end date, and the tenant complies. They only happen when a landlord takes a tenant to court and obtains a court order, or Writ, to remove them from their property.
Self-help evictions, which are illegal in almost all jurisdictions, occur when a landlord attempts to force a tenant to leave their rental property without following legal protocols. If a landlord changes the locks, shuts off utilities, removes tenants’ belongings, or physically attempts to expel them from their property, they’re engaging in an illegal self-help eviction.
Self-help evictions generally do not appear in public court records unless the tenant has taken legal action against the landlord.
Eviction records matter for both landlords and tenants for a variety of reasons. Let’s discuss their significance for each party involved.
Tenant screening allows landlords to paint a clear picture of a potential tenant, and checking eviction records is an integral part of the process.
Uncovering a past eviction could be an indication that a tenant is more likely to:
Reviewing and considering eviction records is a necessary form of risk assessment for landlords when choosing between candidates to rent their properties.
To put it lightly, past evictions matter greatly for tenants. For starters, landlords often have policies against renting to anyone with a past eviction, making it far more difficult for these renters to find housing.
Past evictions can also affect a tenant’s credit score, another essential factor landlords consider when choosing a tenant. Although evictions aren’t considered criminal offenses (rather civil disputes between individuals), they can still appear in comprehensive screening reports.
In short, Tenants should do everything possible to avoid evictions, as having an eviction on their record could greatly hinder their chances of securing rental housing. If a tenant already has an eviction on their record, they should do everything possible to remove it.
Yes, landlords should always screen a tenant for past evictions.
As we mentioned earlier, an eviction on a tenant’s record indicates that they could demonstrate evictable behaviors in the future. Considering past evictions is a form of risk mitigation that could safeguard the rental property and protect other residents from problematic tenants.
A few important legal notes: In some states, landlords must consider the circumstances of an eviction before denying an applicant residency. Always check with your state’s landlord-tenant laws before deciding not to rent to an applicant due to a past eviction.
Landlords who decide to deny an applicant based on a past eviction should communicate the denial clearly in writing. If they don’t, their actions could be perceived as discriminatory against the applicant, making them vulnerable to legal action.
Now that you understand why checking for evictions is essential to the tenant screening process let’s walk through the how.
Here are six different ways to check eviction records:
Accessing eviction records is often as simple as searching a county court database or state public record website. To start, reference the tenant’s rental history to ensure you begin your search within the correct jurisdiction. After that, find the corresponding jurisdiction’s online public record database and search for the applicant’s name.
If the applicant’s name appears in the database, click through to see specific details related to their past eviction. Typical details include the tenant and landlord names, case number, filing date, case status, court locations, judgment details, and case history.
If your online search doesn’t turn up anything or you’re having trouble accessing the database, this doesn’t necessarily mean the person you’re searching for hasn’t been evicted. To leave no stone unturned, you can also call or visit the courthouse in person to check civil case filings.
Note: Accessing public eviction records online is often free, but occasionally, users must pay small fees to search the database and download case files.
Several non-government websites aggregate eviction records from public court databases to make the information more easily accessible.
As with accessing public records, scouring these databases is often as simple as searching the applicant’s name. Because these online eviction databases cover multiple jurisdictions, landlords can search on a broader scale.
Though most of these platforms require a fee, landlords who use TurboTenant’s free property management software, which includes TransUnion eviction, credit, and background checks, can pass on all associated costs directly to the applicant.
Landlords commonly run tenant background checks for several reasons. First, background screening services give landlords access to a tenant’s criminal history (or lack thereof). Second, these services can simultaneously uncover an applicant’s eviction history.
Keep in mind that not all online background screening services include eviction records in their standard package, and many companies charge extra to access them. To avoid this, use comprehensive tenant screening services that pass fees directly to the applicant.
Another important tidbit is that eviction records don’t always appear in background checks, as not all data is passed on to these third-party agencies. Though the transfer of information from government to private entity is accurate more often than not, it isn’t always 100% reliable.
Credit reports uncover an applicant’s eviction-related financial problems. And, though actual evictions won’t appear on credit reports, unpaid rent, collection accounts, and court-ordered damages to landlords will.
When scrutinizing a potential tenant’s credit report, landlords should always dig deeper if they spot a financial issue that could be related to an eviction. To investigate, they should contact the tenant directly or their past landlord to discuss the report.
As with third-party eviction databases and criminal background checks, the information you find within a potential tenant’s credit report may not always be accurate or up-to-date. Always attempt to verify any eviction-related assumptions before arriving at a conclusion.
Though analyzing eviction databases, background checks, and credit scores is useful, communicating directly with an applicant’s ex-landlord is a practical approach. Doing so can help add valuable context about a past eviction that digital reports simply can’t.
When contacting a former landlord, make sure to read between the lines because not all landlords will shoot you straight, and sometimes, you may not even have their previous landlord on the phone.
That said, when reaching out to a former landlord, ask them questions about the applicant’s rental history, including:
Though not all of the questions above directly pertain to eviction, many of them address tenant behaviors that could warrant eviction in the future. So, while this article aims to teach you how to check eviction records, speaking with past landlords can give you subjective insight into other pertinent tenant-related information.
One final way to gain clarity on a tenant’s eviction history is to include eviction-related questions directly within your rental application.
A few example questions you could use in your rental application are:
While questions like these can help reveal key information about a tenant’s rental history, some applicants may lie about or omit crucial information. Though we’d love to give tenants the benefit of the doubt, you need to exercise caution.
An eviction report outlines court filings against a tenant, case outcomes, financial judgments, and other pertinent information.
Here is the information you can expect to find in an eviction report:
Upon viewing an eviction report, scrutinize its details to understand its circumstances.
Here are a few steps landlords should take when analyzing an eviction report:
Cross-checking these details will, at minimum, help landlords ensure the report’s accuracy and understand its context. Mindfully checking the details will allow landlords to make a fully informed decision about whether or not to rent to a tenant.
Evictions don’t usually appear within standard criminal background checks but are typically recorded within civil court databases. Certain tenant screening services can access these eviction records and will include them as part of a comprehensive screening package.
Always check whether or not a criminal background screening will include access to civil eviction reports before paying for the service.
Evictions don’t appear on credit reports, but financial issues related to evictions do. For instance, if a landlord reports a tenant’s unpaid rent or fees to a collection agency, there’s a good chance the debt will show up on their credit report. The same goes for court-ordered judgments against a tenant.
Landlords who order a comprehensive credit, background, and eviction screening service should cross-check information across all three reports to add context and ensure accurate results. Analyzing only one report doesn’t always tell the whole story.
Judges often remove eviction proceedings from a tenant’s record, usually if the case was dismissed or the court ruled in the tenant’s favor. In these instances, the tenant must petition the court to expunge the eviction proceedings, as it likely won’t happen automatically.
If the courts rule against a tenant, removing the case from the records will be much more difficult. Tenants who want to remove eviction judgments from their records should negotiate with ex-landlords, settle any debts, and, if possible, co-petition with the landlord for an eviction record update from the court.
The answer to this question isn’t black and white.
For starters, evictions prove that a tenant couldn’t uphold the terms of their lease, so much so that their landlord took legal action against them and won in court. Past behavior is a solid indicator of future behavior, so we advise landlords to proceed cautiously when dealing with an applicant with an eviction on their record.
However, it’s always important to consider the circumstances surrounding an eviction before denying an applicant. For instance, if a past landlord evicted the applicant 15 years ago but now has excellent credit, steady employment, and sparkling rental references, they might be worth your consideration. Context is everything when considering an applicant with an eviction.
Asking whether or not a landlord should rent to a tenant with an eviction history isn’t a simple yes or no question. We’ll explore this subject deeper in the following section.
As we just mentioned, deciding whether or not to rent to a tenant with an eviction history isn’t always straightforward. Carefully reviewing a tenant’s eviction history, considering the circumstances, and looking beyond the record itself should reveal all the necessary information.
Here are a few steps landlords can take to make an informed decision:
Though doing so may feel risky, renting to a tenant with an eviction history isn’t always a bad idea. Weigh the details of the applicant’s past eviction, current financial picture, and rental references to decide whether they’ve evolved into a candidate who meets your rental standards.
The best way to uncover an applicant’s hidden skeletons is to run a comprehensive screening report, which includes an eviction record, credit history, and background check.
Sign up for TurboTenant’s free property management software today to start screening every single applicant before they ever sign on the dotted line.
With our award-winning software, you’ll also be able to:
To check eviction records, we recommend using property management software to run a comprehensive eviction report, credit history, and background check. It’s free for landlords, as the software passes the screening costs directly to the applicant. You can pay the fees yourself if you’re in a competitive rental market.
You can also search public records, access non-government online eviction databases, talk with past landlords, and pre-screen tenants with questionnaires.
No, landlords don’t always check eviction records, but doing so is commonplace in the property management industry.
For starters, accessing eviction records is a form of risk mitigation that can help landlords identify an applicant’s past rental issues and avoid renting to someone who has displayed evictable behavior in the past.
By checking eviction histories, landlords reduce their financial risk, improve their chances of finding upstanding tenants, protect other tenants from problematic residents, and potentially avoid the expensive legal costs of future eviction proceedings.
If a tenant has an eviction on their record, it will undoubtedly affect their rental application. Though evictions are not always dealbreakers, landlords often have difficulty renting to applicants with eviction histories, especially if they’re competing with others to rent the property.
Here are the following ways eviction records can affect a tenant’s rental application:
Landlords tend to view an applicant’s eviction history as an indicator of their future behavior, often hindering their housing chances. Applicants with evictions on their record should establish good credit, earn a stable income, accumulate good references, and communicate why they’re no longer a liability to landlords.
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