Should I automatically reject an applicant with an eviction?

No, and a blanket automatic rejection is the riskiest policy you can adopt. Many records reflect filings that never became judgments, and automatic bans can produce a disparate impact on protected classes, which creates fair housing exposure. Better practice is written criteria (for example, no unsatisfied money judgment within the last three years) applied identically to everyone.

What is the difference between an eviction filing and a judgment?

A filing is just the landlord starting a case. A judgment is a court ruling. Screening reports often surface filings regardless of outcome, so a record may show a case that was dismissed, settled before hearing, or decided in the tenant's favor. Always look at the disposition and the amount, not just the presence of a case.

How old does an eviction have to be before I ignore it?

That is your policy call, but a common approach is to weigh anything within the last three years heavily, treat three to seven years as context, and give little weight beyond that. Consumer reporting rules generally limit how long most civil judgments can be reported. Whatever window you pick, write it down and apply it consistently.

Can I approve with conditions instead of declining?

Yes, and this is often the right answer for a borderline applicant. Common conditions are a qualified co-signer or guarantor, a larger security deposit (only up to your state cap), a shorter initial lease term that renews on good performance, or proof of steady current income. Apply your conditions consistently across similar applicants.

Do I have to tell the applicant why I said no?

If your decision was based even in part on a tenant screening or consumer report, yes. Federal law requires an adverse action notice that names the reporting agency, states that the agency did not make the decision, and tells the applicant they can get a free copy of the report and dispute inaccuracies. Send it in writing and keep a copy.

Renting to an Applicant With an Eviction on Their Record

The screening report comes back with an eviction, and the easy move is to decline and go to the next applicant. Sometimes that is right. Often it is a reflex that costs you a good tenant and, if it is your blanket policy, creates legal exposure you did not intend. Here is how to actually read the record and decide.

Read the disposition, not the headline

Screening reports frequently surface eviction filings regardless of how they ended. A record may represent a case that was dismissed, settled before a hearing, or decided in the tenant's favor. Before you weigh anything, find out:

Was there a judgment, or only a filing?
What was it for? Nonpayment reads differently from a lease violation or a holdover after a building sale.
Was any money judgment satisfied, and when?
How old is it? A three-week-old judgment and a seven-year-old one are not the same risk.

Why a blanket ban is the risky policy

An automatic no on any eviction record feels safe and is not. Because eviction filings fall unevenly across populations, a blanket exclusion can produce a disparate impact on protected classes, which is a fair housing problem even without any intent to discriminate. HUD has taken this position on similarly blunt screening rules. The defensible approach is written, job-related criteria applied to every applicant identically. For the wider framework, see tenant screening without fair housing violations.

Write criteria you can defend

Put your standard on paper before you screen anyone, and use the same one every time. A workable example: no unsatisfied eviction money judgment within the past three years, income at a stated multiple of rent, and verifiable current housing history. Written criteria do three things: they keep you consistent, they give you a clean answer when an applicant asks why, and they are your evidence if a decision is ever challenged.

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Questions worth asking the applicant

If the record is old or ambiguous, ask. Most applicants with one eviction have a story, and some of those stories are good ones: a job loss since resolved, a medical event, a roommate who stopped paying, a building sold out from under them. Ask what happened, whether any balance was paid, and what has changed since. Then verify what you can with current employment and a prior landlord reference.

Ways to say yes with a margin of safety

A qualified co-signer. Someone who meets your income standard and signs a guaranty. See co-signer or guarantor requirements.
A larger deposit, but only up to your state cap. See security deposit limits.
A shorter initial term, six months that renews on good payment history.
Stronger income verification, pay stubs and direct employer confirmation.

Whatever you choose, offer the same conditions to similarly situated applicants.

If you decline, do it correctly

When a screening or consumer report contributes to the decision, federal law requires an adverse action notice. It must identify the reporting agency, state that the agency did not make the decision, and tell the applicant they may obtain a free copy of the report and dispute anything inaccurate. Send it in writing and keep a copy with your notes on the criteria you applied.

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