Can a landlord deny a rental application because an applicant has a recent eviction but has since established a good rental history?

In Virginia, a landlord can generally consider an applicant’s recent eviction when screening tenants and may deny the application based on that eviction. However, if the applicant demonstrates they have since established a good rental history, some landlords might choose to be more flexible. Ultimately, landlords have discretion but should apply their rental criteria consistently and fairly.

When this may be allowed

• Landlords can deny applications based on recent evictions as part of assessing rental risk.
• Evictions are a common screening factor and may be grounds for denial under typical screening policies.

What the landlord can do

• Review the entire rental and credit history of the applicant.
• Consider the time elapsed since the eviction and the applicant’s recent positive rental history.
• Apply the same criteria to all applicants to avoid discrimination claims.
• Use consistent, written tenant screening criteria that include eviction history.

What the landlord cannot do

• Use eviction information to discriminate against applicants based on protected characteristics (race, religion, sex, disability, etc.).
• Reject an applicant without considering the full context if the screening policy states flexibility or takes rehabilitation into account.
• Ignore applicable local laws or lease terms that might affect screening practices.

What the landlord should do

• Clearly communicate screening criteria regarding evictions before reviewing applications.
• Evaluate the applicant’s rental history as a whole, including any proof of improved behavior or stability since the eviction.
• Consider requesting additional references or documentation supporting the applicant’s good rental conduct after the eviction.
• Follow federal and state Fair Housing laws in all decisions.

Important

Virginia law allows landlords to consider prior evictions, but fairness and consistency matter. Screening policies that allow denial solely due to a recent eviction are common, but considering rehabilitation or good rental history afterward is up to the landlord’s discretion. Always check any updates to local laws and ensure compliance with all fair housing regulations.