THE NO JOB LIFESTYLEWhere an eviction can show up
- Tenant screening reports: specialist companies pull court records and rental history for landlords. They are consumer reporting agencies, and the Fair Credit Reporting Act applies.
- Court records: an eviction filing may be public, even if you won or settled it.
- Collections: a landlord can send unpaid rent or damages to a collector, which can show on your credit report for about seven years from the delinquency.
- Civil judgments: the big three bureaus stopped listing them in 2017, but screening firms may still report them.
What can be challenged
Under the Fair Credit Reporting Act, you can dispute data that is wrong, incomplete or too old. Screening reports often have errors, such as records of someone with a similar name, a case that was dismissed but listed as a judgment, or a filing older than the limit. Civil suits and judgments are generally limited to seven years on these reports, or until the governing statute of limitations has expired, if that period is longer.
A rent collection may be disputed if the amount is wrong, you already paid, the charges are not valid or it is not yours. Send a validation letter to the collector within 30 days of receiving its validation information, and dispute with the bureaus if the report is wrong.
Fixing the court record itself
Sealing or expunging an eviction record takes place through the court, and rules vary widely by state and city. Some places seal records automatically for certain outcomes, such as dismissed cases. Others let tenants file a motion. California, for instance, restricts access to many eviction filings unless the landlord wins within a set period. Local legal aid groups can often explain the options, and they frequently help without charge.
You may also talk with the former landlord. Some landlords will agree to a dismissal or a neutral reference in return for a settlement, depending on what the court allows. Get all terms in writing before you pay.
If you consider a company
A company has no special access to courts and bureaus. Expect it to file the same disputes you could, and read what it promises. The law sets rules on contracts and payment for credit repair companies, so read the terms carefully and be careful of any firm claiming it can wipe away an eviction. Only a court can seal a court record.
Whichever route you take, ask for your screening reports first. You can ask for a free copy from a screening company if a landlord denied you based on one, within 60 days of that denial. You can also ask for one free report per year from many of these firms. Once you know exactly what is out there, you will know which dispute to file, and what to explain on your next rental application.
Questions people ask
How long does an eviction stay on a screening report?
Often up to seven years, although local rules may limit this further. Landlords may have their own policies about how far back they look.
Will paying the debt remove it?
Not automatically. The record can show paid or satisfied, which can help with landlords, and it may keep the matter from going further.
Can you rent again after an eviction?
Yes, often. A larger deposit, a cosigner, references and an explanation of what changed can all help.