Can landlords deny applicants with prior evictions?

Tenant Screening and Prior Evictions: Missouri Landlord Guidance

When it comes to tenant screening, one of the most common concerns for landlords is how to treat applicants with prior evictions on their rental history. In Missouri, landlords have the right to establish reasonable screening criteria, including considerations of previous evictions. Understanding the legal framework and best practices can help landlords make informed decisions while minimizing risks.

Can Missouri Landlords Deny Applicants With Prior Evictions?

Yes, landlords in Missouri can deny rental applications based on an applicant’s prior eviction history. Evictions are generally viewed as a significant risk factor for future tenancy issues, such as nonpayment of rent or lease violations. Missouri law does not prohibit landlords from considering past evictions when screening tenants.

Key Points:

• Missouri landlords may lawfully use eviction history as a screening criterion.
• There is no specific state law restricting denial solely based on prior evictions.
• Eviction records are public and can be obtained through court searches or tenant screening services.

Understanding Eviction Records in Missouri

Eviction records in Missouri come from legal actions where landlords have sued tenants for nonpayment of rent or breaches of lease terms. These cases are filed in the circuit court of the county where the rental property is located.

• Court Filings: When an eviction case is filed, it becomes a public record accessible to landlords and screening agencies.
• Types of Evictions: Missouri evictions may be for nonpayment of rent, lease violations, or illegal activity.
• Outcome Matters: The presence of an eviction filing does not always indicate a judgment against the tenant. Landlords should verify if a judgment was entered or the case was dismissed.

Best Practices for Using Prior Evictions in Tenant Screening

When considering prior evictions, Missouri landlords should apply clear, consistent standards to ensure fair treatment and reduce liability.

1. Establish Objective Screening Criteria

• Define policies on how far back eviction history will be considered (e.g., last 3–5 years).
• Decide which eviction types are disqualifying; for example, nonpayment of rent evictions are typically a greater concern than minor lease disputes.
• Clearly document your criteria in your tenant screening process.

2. Verify Eviction Details

• Confirm the eviction record from official court documents or a reliable tenant screening report.
• Determine whether the eviction resulted in a judgment or was dismissed.
• Understand the context and circumstances if possible—some evictions may have mitigating factors.

3. Communicate with the Applicant

• Offer applicants an opportunity to explain prior evictions during the screening process.
• Consider any evidence of rehabilitation, good rental history after the eviction, or extenuating circumstances.
• This approach can help prevent automatically rejecting qualified tenants who have rectified past issues.

4. Comply With Fair Housing and Anti-Discrimination Laws

• Screening decisions must not be discriminatory based on race, color, religion, sex, national origin, familial status, or disability.
• Avoid policies that have a disparate impact on protected classes.
• Treat all applicants consistently to minimize claims of unfair treatment.

Using Tenant Screening Reports

Many Missouri landlords use third-party tenant screening companies, which often supply credit checks, eviction history, and criminal background. When using these services:

• Verify the accuracy and completeness of information provided.
• Understand that inaccurate eviction reports can be disputed by applicants.
• Keep records of screening decisions, including reasons for denial related to eviction history.

Handling Applicants Denied Due to Prior Evictions

If you decide to deny an applicant because of a prior eviction, consider providing a written denial notice that includes:

• The reason for denial (e.g., prior eviction in the last 3 years).
• Information on how the applicant can obtain a copy of the screening report used.
• Contact information for the screening company to contest inaccuracies.

This transparency helps comply with the Fair Credit Reporting Act (FCRA) when consumer reports are used.

Summary

• Missouri landlords may deny applicants with prior evictions and commonly do so to reduce risk.
• It is essential to have a clear, consistent screening policy regarding eviction history.
• Verify eviction information carefully and communicate openly with applicants.
• Follow fair housing rules and provide appropriate notices if denying applications based on eviction records.
• Utilizing tenant screening services can aid in obtaining eviction histories but requires careful recordkeeping and compliance with reporting laws.

By thoughtfully considering prior evictions and applying transparent, nondiscriminatory screening practices, Missouri landlords can protect their rental investments while fairly assessing tenant applicants.