Can landlords deny applicants with prior evictions?

Can Landlords Deny Applicants with Prior Evictions in Wisconsin?

When screening potential tenants in Wisconsin, landlords often encounter applicants who have prior eviction records. Understanding how to handle these situations is crucial for making informed decisions while complying with state laws and maintaining fair housing practices. Here’s a detailed overview for Wisconsin landlords regarding the denial of applicants with previous evictions.

Wisconsin Tenant Screening Overview

Tenant screening typically includes reviewing credit history, rental history, criminal background, and eviction records. While landlords in Wisconsin have the right to assess applicants’ past behavior to determine their suitability as tenants, this must be done within the framework of the law and best practices.

Can Landlords Deny Applicants Based on Prior Evictions?

The short answer: Yes, Wisconsin landlords can deny applicants with prior evictions, but there are important nuances and guidelines to follow.

Legal Basis for Denial

• Freedom to Choose Tenants: Wisconsin landlords are generally allowed to choose tenants based on any lawful criteria, including past eviction history.
• No State Law Preventing Denial Due to Evictions: Wisconsin statute does not prohibit landlords from denying applicants solely because of previous evictions.
• Consideration of Circumstances: Though landlords can deny applications based on eviction records, they should also consider the details surrounding the eviction to avoid unfair or unnecessary rejection.

Fair Housing Considerations

• Avoid Discrimination: Denial decisions cannot be based on protected class characteristics under federal and Wisconsin fair housing laws. These protected classes include race, color, national origin, religion, sex, familial status, disability, sexual orientation, and other categories.
• Consistent Screening Policies: Landlords should apply screening criteria uniformly to all applicants to reduce the risk of discrimination claims.

Best Practices for Wisconsin Landlords When Screening Applicants with Evictions

To balance protecting your property and acting fairly, consider the following practices:

1. Define Clear, Written Screening Criteria

• Develop written policies that explain how eviction records affect tenant eligibility.
• Specify whether any evictions within a certain timeframe (e.g., past 3-5 years) will result in automatic denial or if additional factors will be evaluated.

2. Consider the Details of the Eviction

• Type of Eviction: Distinguish between evictions related to nonpayment of rent versus lease violations or property damage.
• Resolution of Eviction: Take into account whether the applicant resolved the eviction responsibly (e.g., paid back rent or corrected lease violations).
• Time Elapsed: Older evictions may be less relevant to an applicant’s current reliability.

3. Review the Applicant’s Overall Profile

• Look beyond the eviction to assess credit history, employment status, income stability, and references from previous landlords.
• A strong overall applicant profile may offset concerns about an eviction in the distant past.

4. Comply With the Fair Credit Reporting Act (FCRA)

• If you use a tenant screening service or credit report, notify applicants if adverse action is taken based on the report.
• Provide applicants with a copy of the report and information to dispute any inaccuracies.

5. Provide Opportunity for Explanation

• Allow applicants to explain circumstances that led to prior evictions.
• Consider if there are valid reasons such as financial hardship or misunderstanding that have since been resolved.

Sample Screening Policy Language for Wisconsin Landlords

> “Applicants with an eviction record within the past 3 years may be denied tenancy. Exceptions will be considered on a case-by-case basis, including explanations provided by the applicant and evidence of recent rental stability, timely income, and good references.”

Summary

• Wisconsin landlords have the legal right to deny rental applications based on prior evictions.
• Fair housing laws and consistent application of screening criteria must guide these decisions.
• Best practice is to evaluate the context of each eviction, considering time elapsed and applicant’s overall reliability.
• Clear written policies and adherence to screening laws promote fairness and reduce potential liability.

By carefully applying these principles, Wisconsin landlords can make informed, lawful tenant selection decisions that balance protecting their property interests with fair treatment of applicants.