Landlord Tenant Law

How Long Does an Eviction Stay on Your Record?

Key Takeaways

  • Collections and judgments related to an eviction can stay on your credit report for up to 7 years.
  • Tenant screening companies check court records for eviction cases for longer than 7 years.
  • An eviction attorney can help some renters by sealing their court records to clear an eviction.

A one-time mistake can follow you for years. You might not have been able to pay rent for a couple of months because of a financial emergency. Unfortunately, this can make it harder to find a new place to stay. An eviction can stay on your credit report for up to seven years. A court eviction case can show up in tenant screenings for even longer.

You can clear your eviction record in a few ways. This can make it easier to get past the rental application. However, it depends on the state where the eviction took place. Talk to a local eviction lawyer for more information about how long an eviction stays on your record.

How Do Potential Landlords Find Out About an Eviction?

An eviction record is not like a credit report or your driving record—there’s no specific one that follows you around. However, prospective landlords can do a background check with a tenant screening company. These screening companies provide a rental history report, which includes the following reports:

  • Criminal background
  • Credit history
  • Court records
  • Employment verification

Unfortunately, these records aren’t always accurate or up-to-date. For example, another person could negatively impact your credit score if you were the victim of identity theft.

Most rental applications also have a section for your rental history, including contact information for your previous landlords. Property managers can contact your prior landlord to ask how you were as a renter. Late rent payments, property damage, or serving an eviction notice are all red flags for prospective landlords.

Can You Check Your Own Eviction History?

If you were denied a lease agreement based on your tenant screening, you should see what’s in the screening report. Understand your rights under the Fair Credit Reporting Act. You have up to 60 days to request a free copy of the tenant screening report if your application was denied based on the information in the report. You also have the right to dispute any inaccuracies.

Once a year, you can get a free credit report from credit reporting agencies, including:

  • Equifax
  • Experian
  • TransUnion

Review your credit score and dispute any incorrect information.

When Does an Eviction Come Off Your Credit Report?

Credit reports don’t show evictions directly. However, they will show negative credit information related to an eviction. This could show up as unpaid rent, unpaid utilities, and debt that goes to collections. Money judgments related to an eviction can also show up on your credit report.

Under federal law, credit reporting companies can report negative credit information for seven years. After 7 years, collection agency actions related to unpaid rent should disappear from your credit report. However, you should check your credit report to make sure the delinquency is gone after 7 years.

Does an Eviction Show Up on Your Court Records?

Evictions can still show up on court records. Local county court records usually show if your landlord took legal action to evict you from the property. The eviction process starts in court, and there will be filings for an eviction lawsuit. Background check companies will check court records for eviction records and include them in a tenant screening report.

Can You Find a Place to Rent With a Past Eviction?          

You can still find a place to rent with a prior eviction. However, it can be more challenging. Here are some ways to improve your chances of finding a new rental:

  • Get a co-signer to sign the lease with you
  • Try renting from an owner-landlord instead of a property management company
  • Be upfront about a prior eviction
  • Offer a higher security deposit

If your credit report has mistakes, take care of it to improve your credit history. For other ways to clear your eviction record, talk to an experienced eviction lawyer.

Can an Attorney Clear an Eviction From Your Record?

An eviction or problems with your rental history can show up on your credit report or on court records. You can clear your record and improve your rental options in a few ways. If an eviction shows up on your court records, your lawyer can seal the record. This way, it’s no longer part of the public record.

If your credit report has errors, your lawyer can dispute them with the credit bureaus. The major credit reporting agencies should remove any incorrect unpaid debt claims. For example, if there’s a collection account that you already paid, you can get it removed with evidence you paid the debt. For any other questions about your eviction record and how it will show up in a tenant screening report, consult a lawyer.

An experienced eviction and unlawful detainer attorney can review your court records and file a case to seal your records. This can improve your chances of passing a tenant screening and your ability to move into a new rental. Talk to an eviction lawyer about your legal options for clearing your eviction record.

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