Can landlords deny applicants with prior evictions?

Tenant Screening in Kansas: Can Landlords Deny Applicants with Prior Evictions?

When managing rental properties in Kansas, landlords face numerous challenges, such as selecting responsible tenants who will maintain the property and pay rent timely. One critical part of the tenant screening process is evaluating an applicant’s prior rental history, including whether they have any prior evictions. This naturally raises the question: Can Kansas landlords legally deny applicants based on prior evictions?

This guide provides a detailed, state-specific overview of tenant screening in Kansas, focusing on how landlords can approach applicants with eviction histories while staying compliant with applicable laws.

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Overview: Tenant Screening in Kansas

Kansas landlords have broad discretion in screening prospective tenants, often relying on rental history, credit reports, employment verification, and criminal background checks. The goal is to minimize risk by selecting tenants likely to fulfill the obligations of a lease agreement.

What Is an Eviction?

In Kansas, an eviction is a legal process where a landlord seeks to regain possession of the rental unit due to tenant violations such as nonpayment of rent, lease breaches, or other causes recognized by state law. Once an eviction judgment is entered, it becomes part of the tenant’s public record and can impact their ability to rent in the future.

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Can Kansas Landlords Deny Applicants With Prior Evictions?

Yes. Landlords can deny applicants who have prior evictions.

Kansas landlords have the right to consider an applicant’s eviction history as part of their tenant screening criteria. This means landlords may lawfully refuse to rent to an applicant if a prior eviction is discovered during the screening process.

Here’s why and how Kansas landlords can approach this:

• Risk Mitigation: A prior eviction suggests past issues with lease compliance, which may increase the likelihood of future nonpayment or other problems.
• Business Judgment: Kansas law does not prohibit landlords from applying reasonable and consistent screening criteria, including the evaluation of eviction records.
• Public Record Access: Eviction judgments are recorded by courts and available for landlords or screening agencies to access.

Important Considerations for Kansas Landlords

While landlords can deny applicants based on prior evictions, there are certain considerations and best practices to keep in mind:

1. Consistency in Screening Standards

• Apply eviction-based screening criteria uniformly to all applicants to avoid claims of discrimination.
• Create clear, written screening policies specifying how eviction history impacts rental decisions.

2. Compliance with Federal Fair Housing Laws

• Kansas landlords must comply with the federal Fair Housing Act, prohibiting discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability.
• While evictions themselves are not protected characteristics, landlords must ensure that eviction-based denials do not have a disparate impact on protected classes.

3. Considering Circumstances of the Eviction

• Some landlords choose to consider the context around an eviction, such as the reason for eviction, how much time has passed, and whether the applicant has demonstrated positive rental behavior since.
• For example, a nonpayment eviction from many years prior may be less relevant than a recent eviction or one for lease violations involving damage or illegal activity.

4. Use of Tenant Screening Services

• Many Kansas landlords utilize professional tenant screening companies that provide eviction history as part of their reports.
• Ensure that screening services used comply with the Fair Credit Reporting Act (FCRA), which governs reporting and use of consumer information for rental decisions.

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What Does Kansas Law Say About Evictions and Tenant Screening?

Kansas does not have specific statutes that limit the use of eviction information in tenant screening. The state’s landlord-tenant laws primarily address eviction procedure rather than tenant selection criteria.

Key Points on Eviction Records:

• Court records of eviction judgments and filings are public in Kansas.
• Landlords are permitted to review court records or acquire eviction reports.
• There is no statute prohibiting denial of tenancy based solely on an eviction history.

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Best Practices for Kansas Landlords When Screening Applicants with Prior Evictions

To balance risk management with fair housing compliance, consider these best practices:

• Develop a Formal Screening Policy: Document what criteria you use, including how prior evictions are evaluated.
• Verify All Information: Confirm eviction details through court records or reliable screening reports.
• Communicate with Applicants: When denying applicants due to eviction history, provide clear reasons and offer them an opportunity to explain circumstances.
• Consider a Case-by-Case Evaluation: Especially when evictions are aged or isolated incidents.
• Stay Informed of Relevant Laws: Both state landlord-tenant law and federal fair housing regulations.

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Conclusion

In Kansas, landlords have the legal right to deny rental applications from prospective tenants with prior evictions. Eviction history is a legitimate factor in tenant screening and risk assessment. However, landlords should enforce their screening standards consistently and fairly, consider the circumstances of prior evictions, and comply with federal fair housing laws to avoid discriminatory practices.

By applying thoughtful screening policies and verifying eviction records carefully, Kansas landlords can make informed decisions that protect their rental investments while offering fair opportunities to prospective tenants.