In September 2025, the Fifth Circuit Court of Appeals decided United States v. Simpson (No. 24-50284), a case that began with an eviction and ended in federal criminal charges. The story is unsettling, but it offers powerful lessons for landlords on how to handle tenants with criminal histories, protect new tenants after an eviction, and reduce liability risks.
This article will review the case facts, court ruling, and most importantly, extract five key lessons for landlords that can be applied in day-to-day property management.
Case Background: United States v. Simpson
In January 2023, police officers in Odessa, Texas, responded to a disturbance at a house. The property owner had recently evicted a tenant, Deimon Nolan Simpson, and a new tenant had already moved in.
Simpson, however, believed the house was still his. He retrieved a gun from his car, tried to enter through the front door, and when blocked, climbed through a window and shot the new tenant’s dog. Fortunately, the tenant was not shot.
Simpson was arrested and charged under 18 U.S.C. § 922(g)(1), the federal statute that prohibits felons from possessing firearms. He had multiple prior felony convictions, including:
- possession of a controlled substance,
- evading arrest with a vehicle (a dangerous, violent felony under Texas law), and
- being a felon in possession of a firearm.
Simpson moved to dismiss the indictment, arguing that the statute was unconstitutional as applied to him under the Second Amendment. The district court denied his motion, and Simpson pled guilty. On appeal, the Fifth Circuit affirmed.
The appellate court ruled that § 922(g)(1) is constitutional when applied to felons whose prior convictions involve violence or dangerous conduct. Simpson’s felony for evading arrest with a vehicle fit that definition, especially since he crashed into a wall with a loaded revolver and cocaine in his possession.
Lesson 1: Screening Tenants with Criminal Histories
One of the clearest landlord lessons from this case is the importance of tenant screening. Simpson’s record included multiple felonies, at least one involving violence and reckless disregard for safety. While landlords cannot discriminate against applicants based on protected classes, criminal history is not a protected category under the Fair Housing Act.
However, HUD guidance is specific:
- Blanket bans on renting to individuals with criminal records are not allowed.
- Landlords must instead conduct an individualized assessment, considering the nature, severity, and recency of convictions.
- Convictions for violent offenses are recognized as legitimate grounds for denial.
Action Steps for Landlords:
- Establish a written screening policy that outlines how criminal history will be evaluated.
- Use background screening service to ensure a complete background check.
- Use consistent criteria to avoid claims of discrimination.
- Document the decision-making process, especially when denying applicants based on violent felony convictions.
- Focus on safety and property protection, not stereotypes.
By using a compliant and structured screening process, landlords can better protect tenants while staying within the bounds of federal fair housing law.
Lesson 2: Eviction Does Not Always End the Risk
In Simpson’s case, eviction did not remove the danger. Despite being legally removed, he returned to the property, attempted unlawful re-entry, and committed violence.
For landlords, this underscores that eviction may not be the final chapter. The weeks immediately following an eviction are often the riskiest, especially if the evicted tenant is angry, confused, or has belongings left behind.
Action Steps for Landlords
- Secure the property immediately after eviction; change locks, reprogram smart locks, and inspect windows and other entry points.
- Check for hidden keys or tampered entry points left behind.
- Add security measures such as lighting, cameras, or neighborhood watch notices. See F.S. 768.0706 for safety measures that multifamily companies can enact to reduce liability.
- Remove brush and vegetation that could conceal the presence of an offender near exterior doors, driveways, walkways and other common areas.
- Communicate with new tenants about reporting suspicious activity, but without disclosing unnecessary or legally protected private information about the prior tenant.
Takeaway
Eviction removes the legal right to possession, but it does not always remove the personal motivation of a former tenant to come back. Proactive security measures help reduce these risks.
Lesson 3: Tenant Safety Is an Ongoing Priority
The new tenant in this case faced a terrifying situation when the prior tenant returned with a firearm. Fortunately, law enforcement intervened before further harm occurred.
Landlords are not insurers against all criminal acts, but courts may impose liability if landlords ignore and fail to take any reasonable precaution against foreseeable risks. When a prior tenant has made threats, acted violently, or unlawfully re-entered the property before, landlords should take reasonable precautions to warn tenants.
Action Steps for Landlords
- At move-in, assure new tenants that the property is secure (new locks, cleared entry points).
- Provide tenants with a clear emergency protocol for reporting threats or suspicious activity.
- Offer optional upgrades such as alarm systems or better outdoor lighting.
- Keep thorough documentation of all safety measures taken, which can be vital if liability is ever alleged.
Takeaway
Protecting tenants involves more than fixing leaky faucets; it includes anticipating safety risks from prior tenants and acting to reduce them.
Lesson 4: Partnership with Law Enforcement
Law enforcement was essential in Simpson’s case. Police responded to the scene and prevented further escalation. Landlords should not attempt to personally confront dangerous former tenants: doing so can create legal liability and personal danger.
Action Steps for Landlords
- Build relationships with local police, especially those that handle civil evictions.
- Keep a copy of eviction judgments and writs of possession handy to show officers if problems recur.
- Where available, file a trespass affidavit with police. This authorizes officers to arrest former tenants who unlawfully reenter the property.
- Encourage tenants to call police immediately if a prior tenant reappears.
Takeaway
A cooperative relationship with law enforcement not only improves safety but also demonstrates that the landlord acted reasonably — an important factor in any future liability dispute.
Lesson 5: Legal Restrictions Are a Tool, Not a Guarantee
Simpson was legally barred from possessing firearms under § 922(g)(1). Yet he still armed himself and returned to the property. This illustrates a sobering point: legal restrictions do not guarantee compliance.
Restraining orders, probation conditions, and firearm prohibitions are powerful tools, but landlords cannot rely on them alone to protect tenants or property.
Action Steps for Landlords
- Treat legal restrictions as supportive measures, not total safeguards.
- Combine legal tools with physical and practical safeguards like locks, peep holes, deadbolt locking, secure windows, video cameras, and tenant communication.
- Document all steps taken to reduce foreseeable risks: this shows good faith if liability questions arise.
Takeaway
The law helps define boundaries, but landlords must implement practical security measures to close the gap between what’s prohibited and what’s possible.
Final Thoughts: Applying the Simpson Lessons in Real Life
The United States v. Simpson case highlights how quickly an eviction scenario can turn into a safety crisis. For landlords, the lessons are clear:
- Screen fully and carefully.
- Secure properties immediately after eviction.
- Prioritize tenant safety with clear protocols and upgrades.
- Partner with law enforcement to enforce boundaries.
- Recognize that laws help but do not guarantee safety.
Criminal conduct doesn’t always end at eviction. Landlords who combine smart screening, proactive safety, and strong partnerships with law enforcement are far better equipped to handle the unexpected — and to protect both tenants and property. By applying these lessons, landlords can protect their tenants, limit legal exposure, and create safer rental communities.