Can Landlords Refuse to Rent to a Tenant with a Previous Eviction History?
Landlords often consider a variety of factors when deciding whether to rent to a prospective tenant. One such factor is a tenant's rental history, particularly if the tenant has experienced an eviction in the past. In this article, we will delve into the legality and practicalities surrounding this issue, offering insights and advice for both landlords and potential tenants.
Legality of Refusal
The primary question on many people's minds is whether it is legal for a landlord to refuse renting to someone who was evicted by a different landlord. The answer is generally yes, but with important caveats. While it's against the law for a landlord to discriminate based on certain protected statuses (such as race, gender, or age), renting to someone with a previous eviction can be a justifiable business decision. Here’s why:
Protecting Against Financial Loss and Legal Fees
Eviction is a legal process that can be costly for the landlord. Once an eviction becomes public record, it signals to the landlord that not only has the tenant failed to pay rent, but they’ve also engaged in behavior that necessitated legal action. This can include damage to the property or lack of cooperation during the eviction process.
Moreover, the eviction notice gets added to the tenant's credit report, further harming their creditworthiness. A landlord who has to deal with such situations may increase the rent or require additional security measures, such as a pet deposit or a higher rent-to-income ratio.
Practical Considerations
Landlords frequently encounter practical challenges in managing properties, especially in high-demand areas where vacancies are less common. Here are some scenarios that landlords face:
High demand areas often result in numerous applications, giving landlords a wider pool of tenants to choose from. Landlords may have to choose tenants with questionable backgrounds, such as those who have lived in temporary housing or have previous evictions. Language barriers and significant distances from the property can also become barriers, as landlords prefer tenants who are more convenient and less likely to cause problems.Legal and Ethical Landlord Practices
Even if it is legal for landlords to refuse renting to someone with a previous eviction, it is important for them to follow ethical practices and ensure transparency with prospective tenants. Here are some measures landlords can take:
Provide a clear disclosure about past evictions and the related costs and legal fees. Offer to charge an additional deposit as a form of security. Consider a developmental payment plan for rent, to ensure the tenant can pay on time. Approach each tenant with an open mind, but with a clear understanding of the risks involved.Promoting Responsible Tenancy
From the tenant's perspective, a previous eviction can be a significant obstacle. Here are some steps they can take to improve their chances of finding landlords willing to rent to them:
Be transparent about past evictions during the rental application process. Provide references from previous landlords or a letter explaining the circumstances. Work on improving their credit score and rental history. Seek out landlords or property managers who specialize in working with tenants who have a difficult past.In conclusion, while it is legal for landlords to refuse renting to someone with a previous eviction history, it is crucial for landlords to act responsibly and ethically. Tenants, on the other hand, must take steps to improve their rental history and financial stability to increase their chances of finding a suitable landlord.