Navigating Property Rental After Eviction and Criminal Charges

Many individuals find themselves in a challenging situation when they have a rental history marked by an eviction and/or a criminal record. This can significantly hinder their ability to secure a home. This guide aims to help those in this position by providing actionable steps to overcome these obstacles and find suitable rental accommodations.

Understanding Property Rental Challenges

Evictions and criminal charges, particularly theft, can create substantial barriers to finding a place to live. Beyond the direct consequences of these issues, landlords often require extensive information about a person's rental history before agreeing to a lease. Here are some key considerations and strategies to improve your chances of securing a rental property despite a problematic past.

Exploring Security Deposit Options

Landlords typically require a security deposit, but this requirement can be negotiable. One alternative is to offer to pay the deposit over a longer period or in installments. Additionally, consider obtaining a surety bond tailored for renters. This involves:

Getting a surety bond from a reputable insurance company. A monthly payment plan, rather than a lump sum. No refund of the bond amount upon lease termination, unless the property is in good condition.

Unlike a typical security deposit, you do not get a refund from the insurance company when you move out. However, in the event of non-payment or maintenance issues, the landlord can file a claim against the bond. Bear in mind that the bond amount may not be fully refundable, but it serves as a more flexible alternative.

Alternative Financing: Rent Guarantee Insurance

Another option is to suggest rent guarantee insurance to the landlord. This insurance acts as a co-signer, ensuring the rent is paid. To qualify for this, you may need to have a stable income and good credit score. Landlords may be more willing to work with tenants who provide this form of assurance.

Settling Debts and Expunging Records

Many former landlords will negotiate the amount owed and are open to partial payments or settlements. However, ensure that any agreement is in writing to avoid future disputes. Additionally, explore the possibility of expunging your record in certain states. This process involves:

Contacting your local court to inquire about expungement eligibility. Providing proof that your debts are settled. Getting written permission from your former landlords to proceed with expungement. Filing an expungement petition and waiting for court approval.

Some states offer free online petitions for expungement, but the process can be lengthy. Consulting with a lawyer for a free consultation may also be beneficial.

Improving Your Rental Application

Collecting positive past rental references and consistent employment records is crucial. Landlords often check tenant history and vet them based on their performance. Here are some steps to strengthen your application:

Amass more rental references than the landlord requires, ideally from reputable sources. Keep a file of your employment history, showing a steady work track record. Secure character references from respected community members, such as pastors or community leaders.

These references can provide additional support to demonstrate your reliability and responsibility as a tenant.

Cleaning Up Your Credit and Legal History

Back rent that has been sent to a collection agency will eventually fall off your credit report after seven years. However, if it is still causing issues, you can dispute the claims and have them removed, provided you have adequate proof. For theft charges, the expungement process may vary based on the state you reside in. Some states allow multiple expungements, while others restrict the number and types of offenses that can be expunged.

Research the local laws and seek assistance from legal professionals if needed. Some states offer free online forms to file for expungement, but the process can take time and requires precise documentation.

By taking proactive steps and being well-informed, individuals who have faced eviction and/or criminal charges can enhance their chances of securing a suitable rental property. Access to legal and financial resources can greatly aid this process, providing support and increasing the likelihood of a positive outcome.