Evictions and Eviction Reports are a critical component to the tenant screening process and as eviction laws change so does the tenant screening process. Laws governing the use of eviction records and the reporting of evictions continue to change and evolve. One thing is clear, a valid eviction record that in fact shows guilt by the tenant will continue to be a red flag for landlords and property managers. Any potential tenant applying for rent with a past eviction is a standalone reason to reject the applicant. No landlord would ever rent to someone that for whatever reason could not uphold residency at a previous apartment. However, still today in the USA many landlords and property managers still do not perform an eviction check on their rental applicants. This is a mistake and landlords should partner with a third-party tenant screening company to ensure they get all the background reports available before making a leasing decision.
Even with all the controversy surrounding the use of evictions in the USA the eviction report still remains one of the most important tools in tenant screening. This document allows landlords to create a picture of a potential tenants past responsibility toward a lawful contract over tenancy. While eviction is a relatively simple concept the lawful reasons for eviction can be very complex.
Across the country the laws governing the fair, legal, and lawful use of evictions continue to change and evolve. Put bluntly; eviction is the process of removing a tenant or tenants due to the failure to abide, conform, and/or fulfill a contract in which they have committed. This could involve failure to pay rent, willing destruction of property, or illegal activities.
A bill currently making its way through the Missouri legislature is further defining what is lawful in regards to housing as related to victims of domestic violence.
From MissouriNet.com (Feb. 28, 17):
Missouri lawmakers are looking at a measure to allow housing renters to terminate their leases and change locks because of domestic violence.
It would further prohibit a landlord from terminating a lease or refusing to rent to someone who is the victim of such violence. missourinet.com/2017/02/28/bill-in-mo-legislature-would-let-domestic-violence-victims-terminate-housing-leases/
Essentially the law allows for the protection of the victimized to maintain tenancy and not have any cessation of lease be reported to subsequent landlords.
From MissouriNet.com (Feb. 28, 17):
The measure would apply to a tenant or any household member who’s been harassed, stalked, abused or assaulted. It would also prohibit rental screening services from disclosing a tenant’s status as a domestic violence victim, or reveal whether such a person has terminated a lease. missourinet.com/2017/02/28/
But not every area of the country has housing laws that protect the rentals in a way such as the potential Missouri bill. In Milwaukee some evictions took place due to legal action against the landlord which created confusion as to whom to pay the rent. When the landlords legal status changes some tenants were allegedly evicted through illegal means. Notices of eviction were placed against some individuals.
From JSOnline.com (Feb. 26, 17):
Landlords, judges, tenant advocates and academics agree that people are followed by their evictions. jsonline.com/story/news/investigations/2017/02/24/tenants-caught-legal-tangle-get-evicted/98058536/
Evictions can plague tenants for several years, unless they petition the court for removal. Unfortunately, in some areas, tenants are not adequately protected and wrongful, and often illegal, evictions can create extensive problems for their future rental efforts.
It is clear that renters need to be protected from unlawful evictions and are able to secure adequate housing in the future. However on the landlord side it is still a best practice for landlords and property managers to work with a well-qualified third-party tenant screening company to stay ahead of laws governing tenant background checks and one that can assist landlords in understanding the complexities related to legal and lawful use of eviction and how to avoid a repeat offender.
To learn more about evictions in the USA, evolving eviction laws and how and when to perform eviction record checks in the tenant screening process read recent TenantScreeningUSA.com press release here: http://tenantscreeningusa.com/tenant-screening-news/evictions-and-law-challenges-in-tenant-screening/