Tenant screening helps you choose a renter with confidence and reduce the chances of serious issues later. Checking eviction records is one way to better understand an applicant’s rental history and make a more informed leasing decision—especially when you use the information consistently as part of your overall screening process.
- Why check eviction records?
- How do I look up evictions?
- Legal requirements for tenant screening
- Understanding eviction records
- Using landlord references to screen applicants
- Frequently asked questions
Why Check Eviction Records?
An eviction record can help you understand an applicant’s rental history and identify potential risk. If tenants have had problematic behaviors, they are likely to repeat those behaviors. The records are crucial because they provide insights that can mitigate financial risks and safeguard your rental property investments.
How Do I Look Up Evictions?
There are a couple of ways to find eviction records; you can go through a screening service or search for them on your own. Each method has its pros and cons; weigh them carefully to decide the best method for you to use.
Search court records
When looking up tenant eviction records on your own, you can check your state or county court records. If you’re unsure of which sites to search, the National Center for State Courts has an easy-to-use system that will direct you to the right site.
Once you’ve found the right court site, search the name of the applicant. Not all states will give you full access to the case, but most states will provide a short brief to give you a better idea of the case.
Read all the provided information and remember that the presence of an eviction case doesn’t necessarily mean you’re dealing with a bad tenant. Wrongful evictions do happen, so read the case in full to get a better understanding of the situation.
Use a screening service
A tenant screening service can save time and help you review eviction history in a consistent, organized way. Instead of searching multiple court sites, you can typically request a screening report and receive results in one place—often alongside related information like credit history and criminal background checks (where permitted).
Coverage can vary by state and county, so it’s important to understand what your chosen service does—and does not—include.
Legal Requirements for Tenant Screening
Tenant screening is regulated at the federal, state, and local levels, and the rules can affect everything from what information you can request to how you communicate screening decisions. Understanding your legal responsibilities helps you screen tenants consistently while reducing compliance risk.
Fair Housing Laws
When conducting tenant screenings and reviewing eviction records, you must be mindful of Fair Housing Laws. These laws are designed to prevent discrimination based on factors such as race, color, national origin, religion, sex, familial status, or disability.
Eviction records can be a valuable tool in the decision-making process, but any tenant screening practices must comply with these regulations to ensure fairness and equality.
Because navigating these legal waters can be complex and the laws may vary by state and local jurisdiction, consulting with an attorney specializing in real estate or landlord-tenant law is strongly advised. Legal professionals can provide specific guidance and ensure that your screening processes align with both state and federal regulations, protecting you from potential legal liability.
The Fair Credit Reporting Act (FCRA)
Depending on the location, different cities and states have tenant screening laws that you must adhere to. Be sure to do your research regarding these to avoid any complications or issues. Landlords must also act in accordance with the Fair Credit Reporting Act.
FCRA outlines procedures regarding obtaining and using consumer reports by landlords which include credit reports, rental history, and criminal history. You may obtain a consumer report only if you have a ‘permissible purpose,’ such as reviewing new tenant applications or processing lease renewals.
Adverse actions in tenant screening
An adverse action is any decision you make based on information in a consumer report (or tenant screening report) that negatively affects an applicant or current tenant. Knowing when an adverse action occurs helps you avoid missteps in your screening workflow.
Common examples of adverse action include:
- Denying a rental application
- Requiring a co-signer
- Requesting a higher security deposit than you would otherwise require
- Charging higher rent or adding less favorable lease terms
- Approving with conditions because of something in the report (for example, requiring proof of additional income)
If a consumer report played a role in decisions such as those on the above list—even partially—the Fair Credit Reporting Act (FCRA) generally requires that landlords provide an adverse action notice so the renter understands the reason for the decision and has the information needed to review or dispute the report.
Understanding Eviction Records
Tenant eviction records are crucial documents that contain information about the eviction process:
- Record type
- Record number
- Court name
- Filing address
- Defendant
- Filing type
- Plaintiff
- Dismissal type
- Judgment
- Record ID
- Date filed
Reviewing this information helps you gain a clearer picture of the prospective tenant's record. Filing dates provide a timeline of events that tells you how drawn out or quick the process was. The identification of involved parties on the report verifies that the renter was involved so there are no misunderstandings.
The outcome, whether it was in favor of the landlord or the renter, can indicate how the eviction was resolved. While eviction reports can tell you a lot about a renter, it doesn’t always give the full story.
Interpreting eviction records requires caution and understanding. For instance, an eviction might have been initiated due to circumstances beyond the renter's control, such as sudden financial hardship or medical emergencies.
It is also possible for a record to reflect disputes that were resolved amicably, evictions that were filed but later withdrawn, or evictions that were filed but the renter was not forced to vacate the property.
These records are invaluable tools in your tenant screening process, but they should be considered alongside a broader assessment of the renter's history and the specific context of the eviction. Talking directly with renters about their past when eviction records are found can clarify situations and reveal responsible tenants who faced temporary challenges.
Tenant Screening Tip: Check Landlord References
Asking potential tenants for landlord references can give you additional information that can be useful. Previous landlords can tell you about an applicant’s behaviors and give an insight into them. This can turn up rent issues, problematic behaviors, and other actions that wouldn’t appear on a background check.
References can also help you discover if a tenant was involved in a potential eviction situation or a situation that was resolved outside of court. For example, the cash for keys method might not appear on a record. This is a scenario in which the tenant isn’t formally evicted, but the landlord gives a cash incentive to the tenant to leave the property.
Screen Tenants Faster With Apartments.com
You can screen tenants yourself, but it can take time, be difficult to understand, and you might miss something. If you manage your rental through Apartments.com, our tenant screening services will provide you with eviction reports, background checks, and credit reports.
Another feature you’ll find only on Apartments.com is support for co-signers, guarantors, and co-applicants. If you need more information to decide, you can request supporting documents from potential tenants directly through our website. Get all the information you need to find the right tenant quickly and easily when you screen with Apartments.com.
Frequently Asked Questions About Tenant Eviction Records
How do I look up evictions?
You can look up evictions by searching local court records (county or state civil courts) where the applicant has lived, or by using a tenant screening service that compiles eviction history for you. Whichever method you choose, focus on the case outcome—an eviction filing isn’t always the same as an eviction judgment.
What is an eviction record?
An eviction record is documentation showing that an eviction case was filed in court and/or the outcome of that case (for example, a judgment for possession). Depending on the jurisdiction, it may include filings, judgments, writs, and dates.
Does an eviction filing mean the tenant was actually evicted?
Not always. Many cases end in dismissal, settlement, the tenant moving out voluntarily, or other resolutions. A filing indicates a case existed—not necessarily that a forcible removal occurred.
How far back do eviction records go on a tenant screening report?
It depends on the data source, your screening provider, and what’s legally permissible for your use. Some screening reports may show older court history if it’s available in public records. Always confirm your screening provider’s practices and follow applicable federal, state, and local rules.
If I take adverse action, what notice do I provide?
If the eviction information came from a consumer report/tenant screening report, the FCRA generally requires an adverse action notice. This typically includes providing the screening company’s contact information and informing of the applicant’s right to obtain a copy of the report and dispute inaccuracies.
This article was originally published on December 7, 2020 and has been updated.
