Do Evictions Show Up on Background Checks?

Michelle Wilson - June 4, 2023

The phrase “this will come back to bite you” applies to a lot of things, ranging from minor to major. Words that were said or choices that were made in the past could potentially cause problems in the future. Some see it as bad karma. Others see it as simply the consequences finally catching up to the person. Because of this, those who have previously done something sketchy or downright terrible shudder at the thought of having a background check performed on them. Whether it be a job application or looking for a new living space, a mistake in the past could cost someone the chance of a new beginning. When it comes to those who have faced eviction, that same shudder is felt when a prospective employer or landlord says that they will run a background check on them.

For job hunters and landlords, background checks are a routine procedure. Much like a drug test, someone could be completely sober and have not touched an illicit substance in a long time but will be haunted by mistakes and misdeeds from the past. Oftentimes, the presence of eviction on someone’s background check won’t be an issue regarding job hunting, though there are exceptions. However, a past eviction is seen as a red flag for most landlords. While some might be more forgiving and give the benefit of the doubt, there are just as many who might not.

Defining an eviction

Eviction is defined as the legal process that landlords use for the purpose of removing a tenant from a property they are renting. There are multiple reasons why an eviction is the primary course of action, with the most common being that the tenant is not paying the rent. Landlords can also evict a tenant for various lease violations, including destroying the property (particularly if it’s on purpose), enacting criminal activity on the rented property, and frequently submitting late rent payments.

Do evictions count as “criminal history”?

First and foremost, the question as to whether or not an eviction counts as a criminal offense needs to be answered. Generally speaking, an eviction is not labeled as a crime, thus it is less likely for it to appear on a criminal record. Reports that cover a person’s criminal history will only reference incidents that actually broke the law. In contrast, evictions are mostly seen as civil matters. A landlord may become privy to a prospective tenant’s past convictions courtesy of a background check, but they will rarely – if ever – see evictions included in the findings.

A vital piece of information that should be taken into account is the fact that this does not necessarily mean that all background checks performed on tenants will overlook or exclude evictions. It simply means that the checks that look specifically for any criminal background information will be the only ones that omit them from the report.

Credit checks

An applicant’s consent is required for a landlord to perform a credit check, which is part of the background examination. Evictions will often appear on this report, especially when the ejection from the residence is court-ordered. In accordance with the Fair Credit Reporting Act, evictions will remain on a person’s credit report for no longer than seven years. However, this period is reduced in some states. Moreover, employers might check an applicant’s credit report, though this is banned in some states. By law, the company must first acquire the person’s consent and disclose if their credit history will affect their chances of getting the job. Supporters of this practice claim that credit reports help determine the applicant’s decision-making and ability to handle money. Detractors, on the other hand, question the validity of these assumptions.

It is important to remember that these searches are not a decades-long custom. In fact, credit checks date back only less than 10 years. Criminal activities that did not result in a conviction will usually not appear on a record beyond that. In some states, convictions that precede this time range will not be permitted to show up in a background check. While older court cases will still maintain a presence on the public record, the procedure for uncovering them is extensive.

Tenant screening process

When a landlord performs a tenant screening report, there is a strong possibility that an eviction will appear in the accumulated information. If the tenant and the landlord that evicted them carried out the entire process of ejection and the landlord was granted a judgment from civil court, then the eviction will normally show up on the tenant’s credit report. However, a point should be made that it can often take roughly 60 days or more after the court’s official judgment for the eviction to appear in the background check at all. A tell-tale hint that something might be amiss in this regard is if a potential tenant is trying to move into the residence as fast as possible. They are hoping that their recent eviction has not yet been tipped off to the credit bureaus.

An additional reason why an eviction may not appear on a background check is if the tenant and the landlord did not perform the entire process of eviction. Rather than fight the order of ejection, tenants will sometimes leave willingly after they are served with an eviction notice. Alternatively, a landlord might offer the necessary amount of cash for keys to the tenant in order to persuade them to leave and effectively avoid an expensive eviction. That way, it’s a win-win for both parties.

Conclusion

Eviction may not seriously affect job-hunting efforts, if at all, but it can be detrimental when searching for a new place of residence. The results that a past eviction could have on a person’s rental record are headache-inducing at best and damaging at worst, and this is evident when seeking out a new living space. A lot of landlords will see that “eviction” notification on the background check and will be wary about accepting the interested individual as a tenant. More often than not, they won’t want to take a chance on someone with an eviction being the reason why they left a previous residence.

Nevertheless, a potential landlord discovering from a background check that a person has an eviction in their history is not always a dealbreaker. A noteworthy solution to mitigate this is for the prospective tenant to pay a security deposit that exceeds the residence’s average amount. This can typically be the equivalent of a few months’ worth of rent. Above all else, these individuals can greatly improve their odds of obtaining the space by applying with private owners and smaller management.