Evicting a tenant is never an easy process for landlords. It often signals the end of a rental relationship gone wrong. However, landlords may wonder - once an eviction is complete, is it truly the end?
Can an evicted tenant potentially return to the property in the future? Let's take a closer look at some key considerations.
Can the evicted tenant legally return to the property right away?
No, an evicted tenant is not allowed to immediately return to the rental property once the eviction is finalized. An eviction order from the court bars the tenant from returning to or accessing the property unless given express permission by the landlord. Attempting to re-enter or stay on the property against the landlord's wishes could result in further legal action such as trespassing charges.
The eviction permanently severs the tenant's right to occupy or control the rental unit going forward.
Under what circumstances might a landlord allow a tenant's return?
Some landlords may be open to potentially allowing an evicted tenant to re-rent the property, but only under very specific conditions. This would require a brand new rental application and approval process as if the tenant was a new applicant. The landlord would need to see verifiable proof that the issues leading to the initial eviction had been resolved.
The tenant would also need to agree to new lease terms. Even then, many landlords would be hesitant to rent again to a tenant with an eviction on their record due to the liability and trust issues involved.
Related: Do I Have 30 Days To Move After An Eviction?
What steps can demonstrate a tenant has changed for the better?
If a tenant wants to convince a landlord they have truly reformed their behavior and deserve a second chance, there are affirmative steps that could help. Maintaining stable housing and paying all bills on time for at least 6-12 months after the eviction would show stronger financial reliability.
Seeking counseling or a social program to address any issues like substance abuse that contributed to the initial problems could help too. Having positive references from subsequent landlords and employers speaks volumes about whether necessary long-term life changes were made.
Can past debts owed be resolved before allowing a return?
Any rental debts or damages left unpaid from the prior tenancy would almost certainly need to be resolved fully before a landlord would restart the business relationship. This includesThings like past due rent, late fees, legal costs from the eviction, and repair bills.
Tenants should be prepared to provide proof of payment for any outstanding balances to prove they have taken financial responsibility for the end of the previous lease. Simply having an eviction on their record also makes collectors more likely to pursue payment.
What legal risks does a landlord still face by renting to an evicted tenant?
Landlords still potentially open themselves to liability issues by renting to a tenant with an eviction in their history. Though situations change, past behavior is often the best predictor of future conduct. If problems reoccur, landlords could face new legal costs and difficulties terminating the lease early.
Tenant screening becomes slightly less reliable for applicants with prior evictions too since their full housing and credit history may not be fully disclosed. Landlords are best avoiding these types of risks when possible.
Does the type of eviction affect the chances of being re-rented the unit?
The circumstances surrounding the initial eviction can impact chances of being allowed to re-rent from the same landlord. An eviction due to nonpayment of rent may be a clearer sign of former financial issues compared to an eviction due to lease violations or nuisance complaints.
Landlords typically view evictions stemming from criminal activity or health/safety issues very negatively when assessing future rental applications. Tenants are wise to fully disclose an eviction but also provide insight into what changes have been made to prevent similar problems.
Conclusion
In conclusion, while it is within a landlord's rights to possibly re-rent to a formerly evicted tenant, there are usually better options available that pose less risk. Demonstrating positive changes through subsequent tenancies, references, and paperwork is crucial but may not overcome the legal and financial risks involved for landlords.
In many cases, both landlords and tenants are best served by considering the eviction a closure of that rental relationship and focusing housing searches going forward on opportunities without this type of negative history.
