Can a landlord deny an applicant because of a past eviction?
In most states a landlord may consider an eviction judgment, but the record you see has limits. The federal Fair Credit Reporting Act keeps civil suits and judgments off reports after seven years, some states seal or expunge eviction cases, and New York forbids refusing to rent because of a prior landlord-tenant case. If you deny based on a screening report, you must also send an adverse action notice.
A filing is not the same as an eviction
Screening reports often list every case filed with a tenant's name on it. Many of those cases ended with nothing against the tenant: the case was dismissed, the tenant won, the parties settled, or the rent was paid. Treating every filing as an eviction rejects people who did nothing wrong, and in some states it is unlawful. Read each record and look for three things: the outcome, the date, and whether there was a money judgment.
| What the record shows | What it usually means | How a written policy might treat it |
|---|---|---|
| Case filed, then dismissed | Nothing was decided against the tenant | Do not count it |
| Judgment for the tenant | The tenant won | Do not count it |
| Settled and paid | The dispute was resolved | Usually do not count it |
| Judgment for possession, no money owed now | The tenant had to leave | Count it if recent, per your lookback |
| Unpaid money judgment to a landlord | Debt still owed | Count it; consider a payment plan or guarantor |
What the law limits
The seven-year reporting limit
Under the Fair Credit Reporting Act, a consumer report may not include civil suits and civil judgments that, from the date of entry, are more than seven years old, or longer if the statute of limitations is longer (15 U.S.C. 1681c(a)(2)). The exceptions are for large credit and insurance deals and jobs paying $75,000 or more, none of which is an apartment lease. If you see an older eviction on a report, question it.
New York: no refusals over past court cases
New York's Real Property Law 227-f says no landlord may refuse to rent or offer a lease because of a prior or pending landlord-tenant action or summary proceeding. If you requested a tenant screening report or looked at court records and then refused, the law presumes you broke this rule unless you can show otherwise. The Attorney General can seek a civil penalty of $500 to $1,000 per violation. You can still deny a New York applicant for other written reasons, such as income.
Sealed and expunged records
Some states clear eviction records. Minnesota requires courts to expunge an eviction case when the tenant won, the case was dismissed for any reason, both sides agreed, or three years have passed since the eviction was ordered (Minn. Stat. 484.014). A record that should have been cleared is the kind of error an applicant can dispute.
A fair written policy
- Count only judgments against the tenant, not filings, dismissals or cases the tenant won.
- Set a lookback period, for example three years, and state it in your criteria.
- Ask the applicant to explain any record before you decide; a paid judgment or a dispute with a landlord over repairs reads differently from repeated unpaid rent.
- Follow your state: in New York, do not use landlord-tenant cases at all.
- Offer the same alternatives every time: a guarantor or, where allowed, a larger deposit.
- Send an adverse action notice whenever the report played any part in a denial or tougher terms.
Example a made-up applicant's report shows two records. A 2019 case was dismissed. A 2023 judgment for possession included $2,100 of unpaid rent, paid in full in 2024. The owner's written policy counts only judgments in the past three years with money still owed. The dismissed case does not count, and the 2023 judgment has no money owed, so the applicant passes this part of the screening and moves on to the income check.
If you do deny, send the notice
The FTC treats a denial, a co-signer requirement, an extra or larger deposit, or higher rent based on a report as an adverse action. The notice must name the company that supplied the report, say that the company did not make the decision, and explain the applicant's right to a free copy within 60 days and to dispute errors. The CFPB notes the screening company generally has 30 days to investigate a dispute, sometimes 45.
Inaccurate eviction records are common enough that it is worth telling a denied applicant, in plain words, how to reach the screening company. If they get a record corrected, decide in advance whether you will look again.
How DoorKeeping handles it
The screening decision stays yours. DoorKeeping runs your buildings through Claude or ChatGPT for $2 per unit per month, and any legal step waits for your one-tap approval. It gives no legal advice, so confirm your state's eviction record rules with your own attorney.
Sources
- Fair Credit Reporting Act, 15 U.S.C. 1681c (Cornell LII), read Oct 29, 2026
- New York Real Property Law 227-f, read Oct 29, 2026
- Minnesota Statutes 484.014, eviction case expungement, read Oct 29, 2026
- FTC, Using Consumer Reports: What Landlords Need to Know, read Oct 29, 2026
- CFPB, What should I do if my rental application is denied because of a tenant screening report?, read Oct 29, 2026
Questions
- How long does an eviction stay on a tenant screening report?
- Under the federal Fair Credit Reporting Act, civil suits and judgments generally cannot be reported once they are more than seven years old from the date of entry. Some states clear records sooner.
- Can I deny someone for an eviction case that was dismissed?
- A dismissed case means nothing was decided against the tenant, so counting it is hard to justify, and in New York refusing over a past landlord-tenant case is unlawful.
- Do I have to tell an applicant they were denied because of an eviction record?
- If the record came from a consumer report, yes. Send an adverse action notice naming the screening company and the applicant's rights to a free copy and to dispute errors.