Evictions are an unfortunate reality for some of us, and the record of an eviction can be viewed on your personal record. If you are facing an eviction, or if you suspect that you will have trouble paying rent at some point, you may be wondering how long an eviction stays on your record. Our article tells you everything you need to know about the disclosure of evictions on your record.
An eviction is the legal process that a landlord must undergo to remove a tenant from a rental property. Eviction cases are most commonly filed against a tenant due to a refusal to pay rent, though evictions may also occur if the tenant violates the leasing agreement in any way, such as by conducting illegal operations within their rental unit.
Eviction cases are settled in civil court, and they can be extremely complicated in addition to having serious future repercussions for the person who was evicted.
The majority of evictions are part of the public record, and once a person has experienced an eviction, this will typically appear on their personal public credit report and their tenant or rental record. These public records can be requested by other landlords, and an eviction may be seen by a lender that requests a copy of someone’s credit report to perform a credit history check. You can use a tool like this to search for any evictions that show up on your public record.
Evictions will stay on your record for up to seven years from the date of the initial delinquency. For example, if you are renting a home and do not pay rent for several months, you may experience an eviction case filed against you. The date that the eviction case was filed is the start of the countdown for how long an eviction stays on your record.
If you settle the eviction in court, you may be able to remove an eviction from your record sooner than the standard seven-year disclosure period.
It may be more difficult than securing housing without an eviction, but it is possible to rent with an eviction on your record. In most cases, the best chance you have at securing housing with an eviction on your record is working with a private landlord. Private landlords are generally more lenient and willing to be flexible over things like bad credit and evictions in comparison to large property management companies.
When you have an eviction on your record, you can also expect to pay extra security deposits, as this gives your landlord assurance that you will not default on rent and have to deal with another eviction.
It is possible to remove an eviction from your record, though this can only happen in a few specific circumstances. Most notably, an eviction can be removed from your record if you settle the eviction case in court after being seen by a judge.
For example, if you placed rent in escrow due to a landlord not upholding their duties as a landlord, and then the landlord attempted to file an eviction, you would need a civil court case to settle this matter. The public record might show that there was an eviction case against you, but this would be settled once the civil case was settled. Afterward, you may petition that the eviction be removed from your public record.
Alternatively, you can wait for the eviction to drop off of your record, which may happen within seven to ten years, or maybe sooner if you successfully petition to have this detail removed. Of course, this depends on your circumstances and the circumstances surrounding the eviction. For additional details, you can check with state disclosure laws and the terms of your eviction case.
Dealing with an eviction is a stressful thing, especially when you rent housing and need to find new housing after experiencing an eviction. However, evictions do not stay on your record forever, and even if you do have an eviction on your record, you will still be able to find certain kinds of housing.
If you have any questions or concerns about an eviction, or if you are struggling with housing, reach out to legal aid centers in your area to learn about your options and the housing services available to you.
