Most screening reports go back seven years, the federal ceiling for civil judgments. Some states shorten what you may consider: Oregon stops at five years and bars dismissed cases, Colorado caps rental history at seven, and California hides many eviction filings from public view. Your written criteria should state the lookback. This is information, not legal advice.
How far back does a tenant screening report go?
The outer limit is federal. Under the Fair Credit Reporting Act, 15 U.S.C. 1681c, a consumer report may not include civil suits and civil judgments older than seven years, or older than the governing statute of limitations if that is longer. Eviction judgments are civil judgments, so seven years is the practical ceiling on most tenant screening reports.
That ceiling is what a report may contain, not what you must weigh. A case from six years ago and one from six months ago land on the same page, and nothing in the report tells you to treat them differently. Your criteria have to.
Which states shorten the lookback?
A few states set their own limit on what a landlord may consider, whatever the report shows.
| Where | Rule | Source |
|---|---|---|
| Federal | Civil judgments drop off reports after seven years | 15 U.S.C. 1681c |
| Oregon | No judgment entered five or more years before the application; no dismissed case | ORS 90.303 |
| Colorado | No rental or credit history beyond seven years | C.R.S. 38-12-904 |
| California | Many eviction filings never become public | CCP 1161.2 |
Oregon adds one more window. A landlord there may not consider an eviction judgment on claims that arose from April 1, 2020 to March 1, 2022, or unpaid rent that accrued in that period. If your portfolio crosses state lines, one company wide lookback will be wrong somewhere.
Do dismissed eviction cases count?
In Oregon, no. ORS 90.303 bars a landlord from considering a prior eviction action that was dismissed or ended in a judgment for the applicant. A filing is an accusation, and a dismissal means the landlord who filed it did not win.
California reaches a similar result through the courts. Under CCP 1161.2, eviction case records are open only to the parties and a few others at first, and general public access opens 60 days after filing only where judgment was entered for the plaintiff. A case the tenant won or settled early often never reaches a screening report at all.
Elsewhere a dismissed case may still show up. Treating a filing the same as a judgment is the mistake that causes the most bad denials, so write down how you handle it.
What do you owe an applicant you deny?
If the denial rests even partly on a screening report, the federal adverse action notice applies everywhere; our guide to the three parts an FCRA denial notice needs covers it.
Some states add their own. ORS 90.304 requires a written statement of reasons within 14 days, naming any screening company you relied on, and lets the applicant recover $100 if you skip it. Colorado also requires a written denial notice with the reasons.
Where does this go wrong in practice?
On the first call. A prospect asks "will an old eviction hurt me?" and whoever picks up answers from memory. One agent says "we don't rent to anyone with an eviction", which is a stricter rule than your written criteria and, in Oregon, an unlawful one. Another says "it depends", and the prospect hears a different policy.
Put the lookback in your written screening criteria and give every prospect the same answer. LetHub answers rental inquiries by text, chat and phone in about 30 seconds and uses the answers you set for the unit, so the eviction question gets your policy every time, not a guess. Book a demo to see it on your listings.
Eviction history screening: FAQ
How long does an eviction stay on a rental background check?
Usually up to seven years. The Fair Credit Reporting Act bars consumer reports from including civil judgments older than that, unless the statute of limitations is longer. Some states, such as Oregon, stop landlords from considering judgments sooner.
Can I deny an applicant for an eviction that was dismissed?
Not in Oregon, where ORS 90.303 bars considering a dismissed case or one the applicant won. Elsewhere it may be legal, but a filing is not a judgment, and a policy that treats them alike is hard to defend.
Can I set a shorter lookback than the law allows?
Yes. A shorter lookback, such as three years, is always allowed, as long as you write it down and apply it to every applicant the same way.
Do evictions during the pandemic count?
In Oregon, judgments on claims that arose from April 1, 2020 to March 1, 2022 may not be considered. Other places have their own rules; check your state before you screen.
