Can landlords deny applicants with prior evictions?

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

When managing rental properties in Maine, landlords must navigate tenant screening thoughtfully and lawfully. A common question from Maine landlords is whether they can deny applicants who have prior eviction records. Understanding the legal landscape and best practices on this issue will help landlords maintain compliance while protecting their property investments.

Evictions and Tenant Screening in Maine

In Maine, landlords have the right to screen prospective tenants to determine their suitability. This screening often involves reviewing credit reports, rental histories, employment verification, and criminal background checks. An applicant’s past eviction history is typically part of this evaluation.

Can Landlords Deny Applicants Based on Prior Evictions?

The short answer is yes, Maine landlords can deny an applicant with a prior eviction. However, this decision must be made carefully and within the boundaries of state and federal laws.

• Eviction as a legitimate screening factor:

Evictions generally indicate past challenges with tenancy, such as nonpayment of rent or lease violations. Because landlords are responsible for protecting their property and income, prior evictions are a valid and relevant criterion when making rental decisions.

• Consistency and fairness:

Landlords should apply their screening criteria uniformly to avoid claims of discrimination. Using evictions as a reason for denial must be part of a consistent policy applied to all applicants.

Maine’s Legal Considerations for Screening and Denying Applicants

While landlords have discretion to deny tenants based on evictions, Maine law places certain limitations to ensure fair housing rights and due process.

1. Fair Housing Laws

Maine landlords must comply with the Maine Human Rights Act and federal Fair Housing Act provisions, which prohibit discrimination based on:

• Race
• Color
• National origin
• Sex
• Disability
• Familial status
• Religion
• Sexual orientation and gender identity (under Maine law)

Denials cannot be used as a pretext for discrimination. For example, if eviction history is not applied consistently or is selectively used against particular groups, it could raise legal concerns.

2. Notice Requirements and Application Process

• Screening and Application Fees:

Landlords may charge applicants a reasonable fee to cover the cost of background and credit checks.

• Offering an Opportunity to Explain:

Although not explicitly required by Maine statute, best practice encourages landlords to allow applicants to explain prior evictions, especially if they occurred due to extenuating circumstances such as financial hardship.

3. Use of Criminal Records in Screening

While this relates tangentially to eviction screenings, landlords should be aware that Maine limits how and when they can use criminal records when evaluating rental applicants. Although this does not directly affect eviction considerations, it underscores the importance of following applicable screening standards.

Practical Tips for Maine Landlords When Considering Applicants with Prior Evictions

To manage the screening process effectively and lawfully, Maine landlords should:

• Develop clear written screening criteria:

Establish criteria that specify how prior evictions factor into tenant qualifications and include these in rental policies.

• Request and verify rental history:

Obtain references from previous landlords to understand the context around eviction(s).

• Assess the circumstances of each eviction:

Was the eviction a result of nonpayment, lease violations, or something unrelated to tenant responsibility? Context matters.

• Apply screening criteria consistently:

Treat all applicants equally to avoid discrimination or allegations of unfair practices.

• Communicate decisions clearly:

Provide applicants denied based on eviction history with the reason for denial in writing. Although Maine law does not require a formal adverse action notice like the federal Fair Credit Reporting Act (FCRA), transparency reduces misunderstandings.

• Consider alternatives:

For applicants with evictions but otherwise strong qualifications, landlords can consider options such as requiring a higher security deposit, a co-signer, or offering a shorter lease term as a trial period.

Summary

In Maine, landlords are permitted to deny rental applicants with prior evictions as part of their tenant screening process. Eviction history is a legitimate factor to consider when deciding whether to accept a tenant. However, landlords must ensure that:

• Screening practices comply with Maine’s fair housing laws.
• Eviction criteria are applied consistently and fairly.
• Decisions are based on verifiable information.
• The denial is communicated clearly to the applicant.

By balancing tenant evaluation with legal compliance, Maine landlords can protect their investment and uphold fair housing standards while responsibly managing rental properties.