How to do a Tenant Eviction Search

How to do a Tenant Eviction Search

Whether you’re a landlord screening prospective tenants or a tenant checking your own rental history, you need to understand how to perform a tenant eviction search. Below is a general guide on how to do a tenant eviction search in the United States. Please keep in mind that laws vary by state and locality, so it’s important to check your local regulations (or consult with an attorney) to ensure compliance.

1. Obtain Legal Permission and Adhere to Privacy Laws

1. Get a Signed Consent Form
   Before conducting a background or eviction check on anyone else, you must have their written permission. This is required by the Fair Credit Reporting Act (FCRA) and other privacy laws.
2. Use a Compliant Service
   If you use a third-party screening service, make sure they comply with the FCRA. Incorrect or outdated eviction data can lead to legal liability if you incorrectly deny a qualified applicant.

2. Check Public Court Records

1. Identify Relevant Jurisdictions
   Ask the prospective tenant for their addresses over the past several years. Eviction actions are filed in the county where the rental property is located. Focus on searching courts for areas where the tenant has actually lived.
2. Search Online Court Databases
   • Some counties have online systems (often referred to as a “case search” or “court docket search”) where you can look up civil court records.
   • Not all courts have free, online access. You may need to visit the court’s website to see if they offer an electronic database or instructions on how to request records.
3. In-Person Court Visits
   If online searches aren’t possible, you can visit the courthouse in person. Look for the clerk of court who handles landlord-tenant or civil cases. They can help direct you to the public access terminals or provide instructions on how to request case files.

3. Use Tenant Screening Services

1. Tenant Screening Companies
   There are numerous companies that specialize in tenant screening. By entering the applicant’s personal information (with consent), these services will provide a report that includes:
   • Credit check
   • Eviction history
   • Criminal background check (if requested)
2. Review the Report Carefully
   • Eviction entries might include the date of filing, the court’s location, and the outcome of the case.
   • Sometimes, eviction records can appear under different spellings or variants of a tenant’s name, so scrutinize the report for potential name variations or clerical errors.
3. Be Prepared to Provide an Adverse Action Notice
   If you decide to deny an application or require a higher deposit because of eviction or credit findings, the FCRA requires you to provide an Adverse Action Notice, explaining the specific reasons for the decision.

4. Verify the Information

1. Cross-Reference Court Records
   Mistakes in databases are not uncommon. Double-check with the original court docket if you find any red flags. Confirm that the case actually involves the same person, address, and details.
2. Speak with Previous Landlords
   Consider asking for references or contact information for previous landlords. While some may be reluctant to share details about evictions, others may confirm whether a tenant left in good standing.
3. Check Date Ranges
   Many records only remain publicly accessible for a set period (often seven years, depending on state laws and the nature of the eviction). Evictions older than that may not appear in standard searches.

5. Understand State and Local Regulations

1. Varying Expungement Laws
   Some states have laws allowing eviction records to be sealed or expunged if certain criteria are met. Verify whether your state limits the public availability of older or dismissed eviction cases.
2. Local Fair Housing Requirements
   Certain jurisdictions have “just cause” eviction ordinances or additional tenant protections. Be aware of these rules to avoid conducting any screening or denial that could be deemed discriminatory or against local regulations.
3. Reporting Limits
   National credit bureaus have their own reporting rules. An eviction might not show on a credit report if it’s past the reporting window.

6. Maintain Compliance and Fairness

1. Fair Housing Compliance
   When reviewing eviction history, ensure you are not making discriminatory decisions based on race, color, religion, sex, national origin, familial status, disability, or any other protected class.
2. Consistent Screening Policies
   Apply the same screening criteria to every applicant. Having a written tenant selection policy helps show consistency and reduces the risk of legal challenges.
3. Document Everything
   Keep records of background checks, tenant applications, and any communications regarding the screening process. Documentation can help protect you if a denial is challenged.

Tenant Eviction Searches: Key Takeaways

• Consent is mandatory to run an eviction or background check.
• Court records are a primary source, but they’re often organized by county or state.
• Professional tenant screening services can simplify the process but must comply with the FCRA.
• Double-check findings to ensure accuracy and avoid making decisions based on outdated or incorrect information.
• Stay compliant with state and federal laws, including the Fair Housing Act and local regulations.