Can landlords deny applicants with prior evictions?

Tenant Screening and Prior Evictions: Guidance for Massachusetts Landlords

As a landlord in Massachusetts, tenant screening is a critical part of your rental process. Understanding how to appropriately evaluate applicants who have prior evictions is essential to making informed leasing decisions while complying with state laws and maintaining fair housing standards. This guide provides a detailed overview of how landlords in Massachusetts can consider prior evictions during tenant screening.

Can Landlords Deny Applicants with Prior Evictions in Massachusetts?

Yes, landlords in Massachusetts may deny rental applications from prospective tenants who have prior evictions on their record. Having an eviction history is a legitimate factor to consider as it may signal potential future rental risks. However, landlords must apply screening policies consistently and lawfully to avoid discrimination or violations of tenant rights.

Key Points:

• Eviction records can be considered: Landlords can review an applicant’s eviction history as part of a comprehensive tenant screening process.
• No automatic denial required by law: While prior evictions can justify denial, there is no Massachusetts statute that mandates landlords to automatically reject applicants solely based on an eviction record.
• Consistent screening criteria: Landlords should establish clear, nondiscriminatory screening standards applicable to all applicants.
• Fair Housing obligations: Decisions must comply with Massachusetts fair housing laws and federal regulations prohibiting discrimination based on protected classes, such as race, religion, familial status, disability, or national origin.

How to Approach Screening Applicants with Prior Evictions

Eviction records can be complex and varied. Massachusetts landlords should balance protecting their property interests with fair and reasonable tenant selection.

1. Obtain a Complete Rental History

• Request rental references and documentation from the applicant.
• Use reputable third-party screening reports to check for evictions and other tenant background information.
• Understand the context: not all evictions are alike—some may be years old, resolved, or related to circumstances beyond the applicant’s control.

2. Define Clear Screening Policies in Advance

• Specify what types of eviction history will be considered grounds for denial (e.g., evictions related to nonpayment of rent within the last three years).
• Communicate screening criteria transparently in your rental application and advertising materials.
• Apply the criteria uniformly to all applicants to reduce the risk of discriminatory practices.

3. Consider the Nature and Recency of Evictions

• More recent evictions typically carry greater weight than those occurring long ago.
• Differentiate between evictions for reasons such as nonpayment, lease violations, or illegal use of property.
• Consider elapsed time since the eviction and any evidence the applicant has since demonstrated rental responsibility.

4. Use a Holistic Approach to Tenant Screening

• Combine eviction data with other factors, such as income verification, credit history, employment stability, and references.
• This comprehensive assessment can help avoid unfairly penalizing applicants with limited financial hardships in the past.

5. Communicate Clearly When Denying an Application

• If an applicant is rejected due to an eviction record, Massachusetts landlords must provide an “adverse action” notice.
• The notice should specify the eviction was a factor and include contact information for the screening service used, per the Massachusetts Consumer Reporting Act.
• This transparency helps ensure compliance and allows applicants to verify or dispute information.

Legal Considerations and Protections

Landlords in Massachusetts must be aware of several legal frameworks governing tenant screening and evictions:

Massachusetts Consumer Reporting Act (MCRA)

• Regulates the use of consumer reports, including tenant screening reports.
• Requires landlords to obtain written consent before running background or eviction checks.
• Mandates providing applicants with adverse action notices if denied due to consumer report contents.

Massachusetts Fair Housing Law

• Prohibits discrimination on protected bases.
• Screening policies related to evictions must be applied uniformly and not serve as a pretext for discrimination.

Massachusetts Rental Application and Screening Fee Rules

• Landlords may charge a reasonable screening fee but cannot exceed the actual cost of screening.
• Screening fees must be disclosed before the applicant pays them.

Best Practices for Landlords Regarding Prior Evictions

• Maintain clear, written tenant screening policies that include evaluation of eviction history.
• Document all screening decisions carefully, noting how eviction records influenced your decision in compliance with fair housing laws.
• Allow applicants to explain eviction circumstances during the application process.
• Consider mitigation efforts—such as the applicant demonstrating stable income or positive rental history after the eviction.
• Stay current on Massachusetts landlord-tenant laws and consult legal counsel if uncertain about screening or eviction-related decisions.

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By thoughtfully incorporating eviction history into a broader tenant screening strategy, Massachusetts landlords can protect their rental investments while providing fair and compliant housing opportunities. Prior evictions may justify denial but should never be the sole or automatic reason without a reasonable and consistent screening policy in place.