Corvallis, OR asked in Real Estate Law and Landlord - Tenant for Oregon

Q: Will late payments from past apartment complex effect getting approved for new apartment complex?

My boyfriend and I have lived in our apartment complex for almost a year - our lease is coming up and we applied at a different apartment complex and they said our apps were good, they just need to get our rent history from our landlord at our current complex. We were late to pay rent a couple months and even got sent to court but we didn't go to trail because we paid it off. Will this effect our chances of getting approved for the apartment we applied for?

1 Lawyer Answer

A: It may...or may not. The fact that you were sued to be evicted for failure to pay rent will likely show up in any background check that they do but if you paid it off and the case was dismissed, you will be shown to be the prevailing party and they new potential landlord is not supposed to hold it against you. The new landlord will, however, most likely insist on getting a referral or recommendation from your existing landlord and then it is up to your current landlord what they choose to say. Certainly having been late, requiring them to actually go so far as to file suit against you, is not likely to engender warm and fuzzy feelings towards you, so they may hurt your chances of being accepted. Then again, they may want you to move elsewhere and that is less likely to happen if they give you a bad reference, so it may be in their interest to give you a glowing reference. So all told, you may want to talk with your current landlord first to see what sort of recommendation they are willing to give. You may be able to talk them into to providing a good one if they understand what is going on or, at a minimum, you may be able to find out that they won't give you a good reference so you can be prepared for that and have both warned and explained your side of the story to the potential new landlord first. Just ignoring it or, worse, lying to the potential new landlord is rarely the best approach. Being straight forward, direct, and honest about the past situation and why/how it won't happen again is likely to be your best chance. Good luck.

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