Can landlords deny applicants with prior evictions?

Tenant Screening and Eviction History in Nebraska: What Landlords Need to Know

As a landlord in Nebraska, conducting thorough tenant screening is essential to managing your rental properties effectively and protecting your investment. One common concern during tenant screening is how to handle applicants who have a prior eviction on their record. This guide provides a comprehensive overview of Nebraska landlord rights and best practices regarding denying applicants based on past evictions.

Can Nebraska Landlords Deny Applicants with Prior Evictions?

Yes, landlords in Nebraska may deny rental applicants who have prior evictions. Having an eviction on a tenant screening report is a significant factor that landlords often consider when evaluating an applicant’s suitability. However, landlords should be aware of the nuances and legal requirements involved in screening tenants and making denial decisions.

Key Points to Understand

• No legal prohibition against denial: Nebraska law does not forbid landlords from rejecting applicants solely because of a previous eviction.
• Reasonable screening criteria: Landlords must develop reasonable and consistent screening criteria and apply them equally to all applicants.
• Fair Housing considerations: Denying applicants based on eviction history must not violate fair housing laws. For example, you cannot discriminate based on protected classes such as race, color, religion, sex, disability, familial status, or national origin.

Why Landlords Consider Prior Evictions

Evictions generally indicate challenges in a tenant’s rental history, such as:

• Nonpayment of rent
• Damage to property
• Violation of lease terms

Consequently, an eviction record may increase a landlord’s perceived risk of future problems. It is reasonable for landlords to be cautious but advisable to consider the context and recency of the eviction.

Best Practices for Handling Applicants with Prior Evictions

When screening applicants in Nebraska, consider the following professional guidelines:

1. Establish Clear, Written Screening Policies

• Outline your tenant qualifications such as credit score minimums, income requirements, acceptable criminal background, and eviction history.
• Include how prior evictions factor into decision-making.
• Apply these criteria consistently to avoid claims of discrimination.

2. Obtain Written Consent for Background Checks

• Nebraska landlords must get explicit permission from applicants before running tenant screening reports that include eviction records.
• Use standardized forms that comply with the Fair Credit Reporting Act (FCRA).

3. Evaluate the Recency and Circumstances of the Eviction

• Recent evictions (within the last 1-3 years) are generally more relevant than very old ones.
• Understand the reasons behind the eviction: Was it due to a temporary financial hardship or repeated lease violations?
• Ask for explanations and supporting documentation from applicants willing to disclose past issues.

4. Consider Mitigating Factors

• Proof of steady income or improved financial condition
• Positive rental references post-eviction
• Payment of past-due rent or debts related to eviction
• Willingness to pay a higher security deposit or provide a guarantor

5. Notify Applicants Promptly if Denied

• If you deny an applicant due to information found in a tenant screening report (such as an eviction), Nebraska landlords must provide an “adverse action notice” as required by the FCRA.
• This notice should include:

- The reason for denial - Contact details of the screening company used - Instructions on how the applicant can obtain a copy of their screening report and dispute inaccuracies

Avoiding Potential Legal Issues

• Discrimination claims: Consistency in screening applicants based on your written criteria minimizes allegations of discriminatory practices.
• Retaliation claims: You cannot deny applicants simply because they exercised legal rights (e.g., contesting an eviction).
• Accuracy of information: Always verify eviction records through reliable screening services to ensure data is accurate and up to date.

Summary

In Nebraska, landlords have the legal right to deny rental applicants with prior evictions when conducting tenant screening. Eviction history is a critical factor that impacts the evaluation of an applicant’s reliability. However, Nebraska landlords should:

• Establish clear, consistent screening policies
• Obtain proper permissions for background checks
• Evaluate the eviction context thoroughly
• Consider mitigating factors and applicant explanations
• Provide required adverse action notices when denying applicants

By following these professional guidelines, Nebraska landlords can effectively manage risk while adhering to fair and lawful tenant screening practices.