Discovering whether you have an eviction on your record can be a stressful and confusing experience. Many people are surprised to learn that evictions, even those that were dismissed or settled, may still appear in public records or tenant screening reports. Understanding how to find this information, what it means for your housing opportunities, and how to address it is crucial if you’re planning to rent a new home. This topic will walk you through how eviction records work, how they show up, and what steps you can take to handle them effectively.
What Is an Eviction Record?
An eviction record is a part of your rental history that indicates you were legally removed from a rental property by a landlord through the court system. Evictions can be filed for various reasons, such as nonpayment of rent, lease violations, or holding over after a lease expires. Once a landlord files a case in court, that filing can become a public record even if the case is eventually dropped or resolved.
Key Characteristics of an Eviction Record
- Filed in civil or housing court
- May result in a judgment or dismissal
- Appears on tenant screening reports used by landlords
- Stays in public databases for several years
How to Check If You Have an Eviction on Your Record
There are several ways to determine whether you have an eviction on your record. Being proactive can help you avoid surprises when applying for a new rental.
Check with Local Court Records
Most eviction filings are recorded in the public court system. You can contact the clerk of court in the county where you previously rented to search for any housing-related cases in your name. Some jurisdictions offer online databases where you can look up your civil case history using your full name and date of birth.
Order a Tenant Screening Report
Another way to check for eviction records is to request a copy of your tenant screening report from companies like CoreLogic, RentGrow, or Experian. Under the Fair Credit Reporting Act (FCRA), you’re entitled to one free report annually. These reports often include eviction filings, judgments, and other rental-related information.
Review Your Credit Report
While an eviction filing itself doesn’t appear on your credit report, any unpaid rent or court judgments resulting from the eviction may be reported as a collection account or civil judgment. Obtain your credit report from Equifax, Experian, or TransUnion to see if rental debts are listed.
What Happens If You Do Have an Eviction on Record?
If you discover that you have an eviction on your record, it may impact your ability to secure housing. Landlords often use tenant background checks to screen applicants, and an eviction can be a red flag that leads to a denied application.
Effects of an Eviction on Your Rental Future
- Lower approval chances for rental applications
- Higher security deposits or stricter lease terms
- Limited access to high-demand rental properties
- Longer search time to find a willing landlord
How Long Does an Eviction Stay on Your Record?
The length of time an eviction remains on your record depends on how the case was filed and reported. In many states, eviction filings remain part of public court records for 7 years. However, private tenant screening companies may keep them in their databases for the same length of time unless laws limit it.
State-Specific Laws
Some states, such as California and New York, have passed laws that limit the time eviction records can be reported or sealed certain types of eviction cases automatically. It’s important to research the laws applicable in your jurisdiction for accurate information.
How to Remove an Eviction from Your Record
If the eviction is old, inaccurate, or was dismissed, there may be options to clear it from your record.
Dispute Inaccurate Information
Under the FCRA, you have the right to dispute incorrect information on your tenant or credit report. File a formal dispute with the tenant screening company or credit bureau that listed the eviction. They must investigate and correct errors within 30 days.
File a Motion to Expunge or Seal the Record
In some jurisdictions, you may be able to request the court seal or expunge your eviction case, especially if it was dismissed or resolved in your favor. You’ll typically need to file a legal motion and attend a hearing to make your case.
Negotiate with Your Former Landlord
If the eviction is still pending or you owe unpaid rent, try contacting the landlord to negotiate a payment plan or settlement. Some landlords may agree to withdraw the eviction case if you settle the debt or move out peacefully.
Tips for Renting with an Eviction on Record
Even with an eviction on your record, you still have options for finding a new rental. It may take more effort, but it’s not impossible.
Be Honest and Transparent
When filling out rental applications, be upfront about your history if the landlord is likely to find out. Explain the situation, take responsibility, and show how you’ve improved your financial or rental habits since then.
Provide Strong References
Letters of recommendation from employers, previous landlords (not involved in the eviction), or community members can help demonstrate your reliability and character.
Offer a Larger Deposit or Co-Signer
Landlords may be more willing to take a chance if you provide a higher security deposit or have a co-signer with a strong credit profile. This provides reassurance that rent will be paid on time.
Finding out whether you have an eviction on your record is an important step toward securing future housing. While an eviction can negatively impact your rental prospects, it doesn’t have to define your future. By checking public court records, obtaining tenant screening reports, and addressing any inaccurate or outdated entries, you can better manage your rental history. If you do have an eviction on file, taking proactive steps such as negotiating with landlords, filing for expungement, or offering strong references can increase your chances of renting successfully. With patience and preparation, it’s entirely possible to move forward and rebuild a positive rental record.