Having an eviction on your record can make finding a new place to live or improving your credit feel like an uphill battle. Fortunately, there are strategies to remove or reduce its impact. This guide will walk you through 7 simple steps to help clean up your rental history and set you on the path to a fresh start.
1. Know Where Evictions Appear on Your Record
To address an eviction, you first need to understand where it’s recorded:
- Court Records: Eviction filings create public records, which can be accessed by tenant screening companies and potential landlords.
- Tenant Screening Reports: These reports are commonly used by landlords and often list eviction records.
- Credit Reports: Evictions don’t show directly on credit reports, but unpaid rent sent to collections can appear as debts.
Request your credit report from Experian, Equifax, or TransUnion, and obtain a tenant screening report through agencies like CoreLogic or TransUnion SmartMove. Identifying where your eviction appears is the first step toward addressing it.
2. Dispute Errors in Credit or Screening Reports
If you find errors related to an eviction, you can dispute them:
- Credit Reports: File a dispute with the reporting bureau. Include supporting documents, such as payment receipts or court rulings, to prove the information is inaccurate.
- Tenant Screening Reports: Contact the tenant screening agency to challenge errors. Provide evidence that the eviction record is incorrect or outdated.
Under the Fair Credit Reporting Act (FCRA), these agencies must investigate disputes and respond within 30 days. Successfully removing errors can significantly improve your rental prospects.
3. Petition the Court to Seal or Expunge the Eviction
Depending on your situation, you might be able to remove the eviction from public records:
- Sealing the Record: This prevents the eviction from being visible in public databases or tenant screening reports.
- Expungement: A more comprehensive option, this removes the eviction entirely, as if it never happened.
Certain states, like Oregon, Minnesota, and Nevada, allow for eviction expungement under specific conditions. Eligibility often requires showing that the eviction was improper or that you’ve settled any related debts. A tenant attorney or local legal aid organization can guide you through this process.
4. Pay or Settle Any Outstanding Debts
Unpaid rent or damages from an eviction can worsen your record and credit score. Taking steps to settle these debts is crucial:
- Negotiate with Your Former Landlord: Offer to pay off the debt in full or agree to a settlement plan.
- Request Removal as Part of the Agreement: Ask the landlord to remove the eviction from tenant screening reports once the debt is resolved.
Get any agreement in writing to ensure the eviction is removed after payment.
5. Verify Removal of Negative Items
After resolving disputes and paying off debts, check to confirm that the eviction has been removed.
- Credit Reports: Request updated reports from the three major credit bureaus. Look for any remaining collections related to the eviction.
- Tenant Screening Reports: Ask for an updated report from screening agencies to ensure the eviction no longer appears.
If inaccuracies persist, follow up with the reporting agency or consider seeking legal assistance.
6. Work with an Eviction Lawyer for Complex Cases
If the eviction is legitimate and proving difficult to remove, consider hiring a tenant lawyer. An experienced attorney can:
- Help seal or expunge court records.
- Dispute inaccurate tenant screening or credit reports.
- Negotiate directly with landlords to resolve outstanding issues.
Legal assistance is particularly valuable for navigating state-specific eviction laws or complex disputes.
7. Rent Again, Even If the Eviction Stays on Your Record
If you can’t remove the eviction, you can still take steps to secure housing:
- Be Transparent: Disclose the eviction upfront to landlords and explain the steps you’ve taken to resolve it.
- Work with Private Landlords: Individual landlords may be more flexible than property management companies.
- Provide References: Gather letters of recommendation from previous landlords or employers to demonstrate your reliability.
- Offer Higher Deposits: Show your commitment by offering a larger security deposit or several months of rent upfront.
- Improve Your Credit: Paying bills on time and reducing debt can strengthen your rental application.
These strategies can help reassure landlords and improve your chances of approval, even with an eviction on your record.
Conclusion
An eviction on your record doesn’t have to be a permanent setback. By understanding where it’s recorded, addressing inaccuracies, and negotiating with landlords, you can work to remove it or minimize its impact. Even if it remains, proactive steps like improving your credit and building trust with potential landlords can help you move forward confidently. With persistence, you can secure a fresh start and find a new place to call home.
FAQs
How long does an eviction stay on your record?
Evictions can appear on public records and tenant screening reports for up to seven years, but their impact may lessen over time.
Can I remove an eviction from tenant screening reports?
Yes, you can request removal by disputing errors or providing evidence that the eviction has been sealed or expunged.
What’s the difference between sealing and expunging an eviction?
Sealing prevents the eviction from being visible to the public, while expungement removes it entirely from the record.
Do I need to hire a lawyer to remove an eviction?
While not required, a lawyer can be helpful for navigating legal processes, such as filing for expungement or disputing inaccuracies.
Can I rent with an eviction on my record?
Yes, renting is still possible. Be upfront with landlords, provide references, and consider renting from private individuals or offering higher deposits.