Applying to become a tenant may feel like putting your entire life on display, but depending on the state, consistent legal changes favor tenants per the Fair Credit Reporting Act (FCRA). Landlords often require extensive information from applicants, but landlords must protect their investments and communities.
Evictions are the most common issue that landlords seek, but there is confusion regarding eviction reporting. Will a tenant’s eviction from a previous property show up on a criminal history report?
In almost every case, the answer is no. These reports only reference criminal matters, and evictions are civil matters. While a landlord may see criminal convictions on such reports, they will not see evictions. Note that this does not mean all background checks for tenants omit evictions—only those that specifically check criminal background data.
Property owners require potential tenants to consent to a credit check as part of the vetting process. Evictions are more likely to appear in this report, particularly when a court orders an eviction and enforces a civil judgment. Per the FCRA, evictions remain on your credit report for no more than seven years, though some states have reduced this period.
Landlords should know that credit reports are not a catch-all for evictions. Some proprietors may file an eviction notice only to regain possession of the property from the tenant, foregoing restitution or back rent still owed by the occupant. These evictions won’t appear on a credit report because they aren’t monetary judgments. A landlord must order background checks for tenants focusing on eviction filings instead of judgments only.
Judgment-inclusive reports use a tenant’s name and address history to find record matches. They may include information on a tenant’s prior evictions if their previous landlords made the proper court filings. If you have been legally required to surrender a rental for breaking the terms of a lease or non-payment, it may appear on an eviction report.
To better understand what landlords may see when conducting background checks, explore your own records with backgroundchecks.com.
Since tenant and credit screening is not a core market focus at backgroundchecks.com, we discontinued the service effective 30 September 2024 due to a rapidly growing, complex legislative landscape. Still, we can keep you informed.