Should I rent to a person with a No Fault Eviction?

Question

Hi BP, I'm currently screening tenants for a 3BR apt that I have in Springfield, Mass. I have a really great applicant that I'm considering but theyre currently going through a No- Fault eviction with their current landlord.

They have a clean record, 725 credit score, PM indicates that they pay their rent on time every month, good employment history and they have a SHA Section 8 voucher for 3BR and their income is 4x their portion of the rent.

The landlord needs "to sell the house vacant" so they want the tenant out ASAP. Should I consider this applicant for the apt?

Adam Martin · Answer

Nope I’d pass on this one unless there is something I’m missing here. You can’t just evict someone, there has to be a reason. They may have a no fault termination of the lease to get them out and those things happen no issues there. An eviction won’t happen unless that date came and went and they still weren’t gone, at least that is how it is here in KY. This eviction also wouldn’t be no fault though it would be an eviction for holdover. I just rented a house in a week over market to a quality tenant in the off-season, surely you have better applicants coming your way. If I’m wrong here someone please correct me, laws are regional but I also don’t think we should be able to evict someone and put that on their record when we are just ending the contract. They should be given a date to leave just as they would give us a date to terminate the contract and we part ways. If they don’t leave at that point evict away.

Blake Johnson · Answer

Maybe I'm just suspicious, but something doesn't add up here. There are cheaper and more effective ways to get somebody to vacate your property. Eviction is not a quick way to get the tenant out. Also, as far as I understand, an eviction doesn't show up on your record unless you've been served (PAST TENSE). If the landlord if pursuing (PRESENT TENSE) an eviction to get the tenant out, I wouldn't think this would show up on the tenants record until the court has granted the eviction in favor of the landlord. I would not consider this tenant.

Cliff H. · Answer

@Damon Jackson it’s Springfield: use caution. I’d have to agree with others. While the 700+ credit score’s good, I’m more interested in what the PM/landlord before this one kicking tenant out has to say. We all know the stories of current landlords giving great recommendations to hand off a horror tenant. The challenge you face here is even if the eviction’s some form of no-fault / vacant-on-sale clause condition it won’t even show up in court records for months after the fact and you need that context today. I’ve had “professional tenants” use this eviction delay to their advantage in exactly this type of situation: something’s going on that’s pushing them out of their housing, but the story/narrative wrapped around it is altered to look “not that bad.” Beyond that, even if it’s all true, why does current landlord/PM feel the need to force the tenant out? Why not offer them a check to relocate? Why is the legal lease the tenant’s currently in not binding to the new owner? Why did tenant not accept whatever deal the current PM/landlord offered? Why is she/he staying and risking a pretty negative blemish on their rental history? I’m sure I miss a few good tenants, but one of my key qualifiers in screening tenants is urgency of move. Do you need to move in < 30 days? If yes, you’re at least bad at planning ahead, more than likely getting evicted for something that’s not being shared.

Patti Robertson · Answer

If the tenant was truly "evicted" - meaning the sheriff oversees the change of the locks and removing of the people - and the Housing Authority is aware of it - she loses her voucher. This is a HUD requirement. If she still has her voucher, she wasn't actually "evicted". She may have been given notice of non-renewal. LOTS of tenants have gotten them in the last two years because landlords are selling and cashing out. As long as everything else looks good, I would not see this as a red flag. I have 120 SEC 8 tenants BTW. I can't remember ever seeing a SEC 8 applicant with a 725 credit score. Most don't have enough credit accounts or length of history to ever get a score that high.

Eliott Elias · Answer

Doesn't look like a red flag to me

Joe S. · Answer

First time I ever heard of that type of term. So basically is an eviction because somebody is not wanting to move. Is that correct?I guess if worse comes to worse they’ll stay in your rental until you kick them out. If they’re paying and keeping the place clean that might not be a bad thing.

Will Fraser · Answer

Is that actually an eviction, or simply the ending of a periodic tenancy that is not being renewed?

Damon Jackson · Answer

I've spoken with the PM and was told that the tenants rent was always current along with the section 8 portion. The housing courts were vague and basically were of no use. This is my first time screening tenants on my own so I'm just trying to get all the info that I can so that when I scale up I have some experience with tenant screenings. Especially wit screening Section 8 tenants. Also from what I'm gathering from the info that I'm receiving from a lot of section 8 candidates & the SHA, there aren't many apartments out there that take programs and if they do, they're way over priced or won't pass inspection.

Damon Jackson · Answer

I've been doing my research on this type of evictions because as a landlord I feel I should know the state and local laws and how they effect the market. The market in Springfield is in flux because not a lot of landlords are taking Section 8 tenants but it's a low income area which mean that there are a lot.

Damon Jackson · Answer

According to the applicant, she's being forced out. It does show up on her background check. The Springfield Housing Court clerk says that it could be for any reason.