Can landlords deny applicants with prior evictions?

Tenant Screening and Prior Evictions: What California Landlords Need to Know

When screening prospective tenants, California landlords often encounter applicants with a history of prior evictions. Deciding whether to deny an applicant based on this information requires a careful understanding of California state laws, anti-discrimination protections, and best practices to ensure compliance and fairness.

Can California Landlords Deny Applicants With Prior Evictions?

The short answer: Yes, California landlords can deny applicants who have prior evictions in many cases, but they must do so in compliance with both state and local laws and carefully consider how eviction information is used.

Key Points for California Landlords:

• Eviction History Is a Legitimate Screening Factor:

Landlords have a right to evaluate an applicant's rental history as part of their tenant screening process. A past eviction may signal potential risks, such as failure to pay rent or violation of lease terms, justifying denial.

• No Absolute Ban on Denial Based on Evictions:

Unlike some tenant protections that restrict considering certain types of criminal or credit history, California does not prohibit landlords from considering eviction history outright.

• Fair Housing Laws Apply:

However, landlords must ensure their screening policies comply with the California Fair Employment and Housing Act (FEHA) and federal Fair Housing Act (FHA), meaning denials cannot be based on protected characteristics like race, religion, sex, familial status, disability, or source of income.

California Laws Impacting Use of Eviction Records

1. California Consumer Credit Reporting Agencies Act

If landlords use a tenant screening company or background check service, they must follow rules under the California Consumer Credit Reporting Agencies Act (CCRAA), which governs how consumer reports—including eviction records—are obtained and used in tenant screening.

• Landlords must get the applicant’s written consent.
• If denying based on a report, landlords must provide a copy of the report and a “notice of adverse action.”
• Applicants have the right to dispute inaccurate information.

2. Limitations on Using Arrest and Conviction Records

While eviction records are generally permissible to use, landlords cannot use arrest or conviction history to discriminate unless job-related or justified by business necessity. This is important because some eviction records may include criminal court judgments related to unlawful detainer actions. Landlords must separate and evaluate each type of record carefully.

3. Local Ordinances

Several California cities and counties have passed tenant protection laws that influence how eviction histories are used:

• San Francisco “Ban the Box” for Evictions:

In San Francisco, landlords are generally prohibited from asking if an applicant has ever been evicted, unless the eviction was based on a serious lease violation.

• Los Angeles Tenant Screening Regulations:

Los Angeles has enacted rules about giving tenants the chance to explain negative records and limits on considering certain eviction information.

Landlords should carefully review local ordinances where the rental property is located to ensure compliance.

Best Practices for California Landlords When Screening Applicants With Evictions

To reduce liability risks and maintain fair tenant screening standards, California landlords should adopt thorough and consistent procedures:

1. Use a Clear, Written Screening Policy

• Define what types of eviction history will be considered.
• Specify the length of time after which old evictions may no longer be disqualifying.
• Be consistent in applying criteria to all applicants.

2. Request a Complete Rental History and References

• Contact previous landlords to verify facts around past evictions.
• Determine whether circumstances leading to eviction were related to nonpayment, property damage, or other lease breaches.

3. Consider the Circumstances and Time Passed Since the Eviction

• A recent eviction for nonpayment may be a stronger basis for denial than one resolved years ago with no recurrence.
• Consider whether the applicant’s financial situation or behavior has improved since the eviction.

4. Provide Applicants an Opportunity to Explain

• Allow applicants to provide context for past evictions, such as medical emergencies or job loss.
• Review supporting documentation that might mitigate concerns.

5. Follow Proper Procedures if Denying Based on Eviction History

If you decide to deny the applicant based on an eviction record:

• Provide an adverse action notice including the reason for denial.
• Include contact information for the screening company, if applicable.
• Comply with all notice timing requirements.

Conclusion

California landlords can deny tenancy applications if an applicant has a prior eviction, provided they apply consistent, fair screening policies and comply with state and local laws. Using eviction history responsibly is an important part of landlord risk management but must be balanced with protections against discrimination and errors in reporting. By adopting clear procedures, verifying all information, and considering each applicant’s circumstances, landlords can make informed decisions while respecting tenants’ rights under California law.