Landlord Tenant Law

How To Find if I Have an Eviction on My Record

Key Takeaways

  • A prior eviction can make it harder for you to get a new place to live if the landlord checks your rental history.
  • You can check to see if you have an eviction on your record from your credit report or court records.
  • If you have rent collections on your credit report, it will remain for seven years.

It’s tough to pay the rent when you fall on hard financial times. Your landlord may not be very understanding. They may give an eviction notice even if you’re only a couple of weeks late on rent. After getting kicked out of your place, a prior eviction can make it hard to find a new place to live.

Find out if you have an eviction on your record. You may be able to clear the eviction to increase your housing options. Eviction laws are different in every state. Talk to a local eviction lawyer to find out about your legal options for removing an eviction record.

Does It Matter if I Was Evicted Before?

Having an eviction on your record can make it harder for you to find a new place to live. As part of the screening process, potential landlords will check your credit report, employment history, and prior evictions. A prior eviction is a red flag for property owners. If they see a prior eviction, they may deny your rental application.

Even if your eviction was not your fault, property managers may still deny the rental. They may not even give you a chance to explain what happened. You may have a hard time finding a place to live with a recent eviction report.

How Do Landlords Find Out About an Eviction History?

Generally, a property management company can find out about a potential tenant’s prior evictions in three ways. These include:

  • Checking with previous landlords
  • Having a tenant screening report that shows court evictions
  • Getting a credit check that shows unpaid rent claims

On a rental application, the rental property may ask for a rental history report going back several years. The rental application also includes information about a credit check and background check.

Many property management companies will use tenant screening services to search the potential tenant’s credit score and check for evictions. Your credit history can include claims from prior landlords for past-due rent collections.

Tenant screening companies can also check court records for eviction actions by a prior landlord. These can include a judgment for possession, forcible entry, or a detainer claim.

Can Renters Search Their Eviction History?

Under federal law, you can get a copy of the tenant screening report if a landlord denies your application based on that information. The Fair Credit Reporting Act requires a landlord to notify you of a denial based on your tenant screening. You can request a free copy within 60 days of the rejected application.

Renters can also search their credit reports. Under U.S. consumer laws, you can get one free credit report every year. This checks the major credit bureaus—Experian, Equifax, and TransUnion. You should review your credit history regularly. If there are any errors or mistakes, contact the credit bureaus to get them removed from your credit history.

If you want to find out about prior eviction actions, check with your local court records. These cases are generally part of the public record. Contact your county court to find out how to search your court records.

How Long Does an Eviction Stay on Your Record?

If a prior landlord reports late rent payments to collections, it can stay on your credit history for up to seven years. Under the Fair Credit Reporting Act, adverse rental payment history will stay on a credit report for seven years after the most recent action. After seven years, the rental collections claims will clear from your credit report.

If a prior landlord started a criminal case against you for an eviction, it can stay on your criminal history for much longer. Depending on the state, there may be no time limit for criminal convictions. However, criminal charges are rare for eviction cases.

Does an Eviction Show up on Your Credit Report?

A credit report generally doesn’t show an eviction. However, collections related to an eviction will show up on the major credit reporting agencies. If you owed money for unpaid rent, your prior landlord could get a money judgment from the court requiring you to pay back rent and damages. A money judgment can appear on your credit report.

If you have outstanding rental payments, your landlord could send the debt to a collections agency. Collections accounts will show up on your credit report.

How Can an Eviction Attorney Help Clear Your Record?

If you have a prior eviction case as part of your tenant screening, a lawyer can have your case sealed. 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 so you can move into a new rental. Talk to an eviction lawyer about your legal options to clear your eviction record.

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