How To Get an Eviction Off Your Record

Landlords can act fast to get you out of the property. Sometimes, they move too fast, violating your tenant’s rights in the process. If you’re in the middle of eviction proceedings, it’s important to know your rights. If your landlord isn’t following the proper notice requirements, you can file a complaint against them for damages.

Eviction laws depend on where you live. For more information on what happens during an eviction, talk to a local eviction and unlawful detainer lawyer for legal advice.

Where Does an Eviction Show Up on Your Record?

There’s no eviction record to follow you around like a driving record. However, potential landlords use tenant screening agencies to do background checks on tenants. When you fill out a rental application, the landlord uses your information to check your rental history and credit. These searches can include:

• Credit reports
• Court records
• Tenant screening reports

Any of these records can show evidence of a prior eviction. Future landlords may not want to rent to someone with an eviction on their record. It could indicate an increased risk of future financial problems. Even if years have passed, property management companies will see a past eviction as a red flag.

How To Get an Eviction Off Your Credit Report?

Your credit report won’t show an eviction directly. Instead, it will show indirectly as debts and non-payment of rent. If you were evicted and have an outstanding money judgment for unpaid rent and damages, it will show up on your credit report. If a landlord sold the outstanding debts to a collection agency, the collections will show up on your credit report.

Check your credit report for eviction history. The three major credit bureaus offer free annual credit checks. They include:

• Experian
• Equifax
• TransUnion

If you notice any inaccuracies or incorrect reports, report them to the credit reporting agencies.

Can You Seal Court Records for an Eviction Lawsuit?

You can seal court records related to an eviction lawsuit. This is often called an expungement. Sealing a record takes it out of the public record. A sealed eviction record shouldn’t show up in a tenant screening report.

An eviction is a legal process that goes through the court system. If your previous landlord started eviction procedures, it would show up in court records. An eviction case starts with a lawsuit for unlawful detainer. The eviction lawsuit starts the court record.

You’ll receive the eviction notice in person, by mail, or by leaving it at the residence. You will have a chance to respond in court or attend the hearing. Any of these proceedings will also be part of the court record.

The judge can issue a default judgment for an eviction order if you don’t respond. They can also issue a judgment for possession in favor of the landlord. However, the eviction filing can still show up on the court records—even if you win. You will need to seal the record or get a limited dissemination order.

Can You Dispute an Eviction on a Tenant Screening Report?

Getting a copy of your credit report is simple. However, tenant screening reports are more specialized. If your landlord denied your rental application based on the tenant screening report, you should be able to find out what’s in that report.

The Fair Credit Reporting Act gives you the right to request a free tenant screening report. If your landlord denied your application based on information in the screening report, they have to inform you in writing. You can request a free report from the consumer reporting agency within 60 days. You can also dispute any inaccuracies in the tenant screening report.

Do You Have to Clear an Eviction Off Your Record?

You may still be able to find a place to rent with an eviction on your record. However, it can be harder to find a place that doesn’t use tenant screening services, which will let them see the eviction.

You can try to rent from an owner-landlord. If you wait seven years, any convictions related to an eviction will drop off your credit score report. You can also increase your chances of getting a place if you get a cosigner or if a higher security deposit is offered.

How Can an Eviction Attorney Help Clear Your Record?

An eviction lawyer can review your case and identify what is keeping you from getting an apartment. Your eviction can show up on court records, credit reports, and a tenant screening report. Your lawyer can get an eviction expungement to seal your court records. A lawyer can also dispute any incorrect information in the credit report or screening report.

Contact an eviction attorney to find out how they can get an eviction off your record.