How Long Does an Eviction Stay on Your Record?
According to federal laws, the earliest an eviction stays on your record is seven years. After this period of time, evictions are removed from your record, including rental history and your credit history.
Evictions can have an effect on your credit rating and your ability to rent, but there are steps you could take to improve your chances of renting after an eviction.
Consult our guide to find out how to do that.
How Does an Eviction Affect My Credit?
It can negatively affect your credit score if you face evictions.
If your landlord sues you for unpaid rent, he can bring the matter to civil court. The judge will then issue a civil judgment against you. The judgment against you will be reported on your credit history.
A civil judgment is a serious negative scoring on your report that typically stays up to seven years, even if you pay off the debt. A potential employer or landlord may review your credit report and learn of the civil judgment.
How Can I Remove an Eviction from My Public Record?
You can ask the court to get rid of your eviction from your criminal record; you win your case; or you challenge an inaccurately reported eviction.
The difficulty of the process is not insuperable.
- The petition can be issued in the county where the case was filed.
- Win your case: If the landlord served you an eviction notice without having a legal or valid basis, demonstrate that. A judge is more likely to rule in your favor if you demonstrate that the eviction was unfounded and not the result of you breaking your lease.
- Disprove that you broke the rental contract by proving that you paid your rent and left the home in a satisfactory state. Emphasize your supporting evidence, such as cleared rental pay stubs and photographs, if possible.
- Make sure the correct procedures are followed: check out the landlord’s process of carrying out the eviction. Laws vary by state, but there’s always a specific procedure a landlord must follow when filing the eviction and serving you with the corresponding eviction notice.
Make yourself aware of your state’s laws that govern eviction lawsuits. Be sure you carefully document your landlord’s failure to obey the necessary legal process.
How Can I Remove a Civil Judgment from My Credit Report?
After you have removed your eviction from your public record, you still must inform the credit bureaus. The credit bureaus will not remove the civil judgment from your credit report automatically once you have removed it from your public record—make sure you inform them.
You ought to follow the following steps to remove the civil judgment from your credit report:
- If you won your case, gather the evidence that the court expunged the eviction from your public record. If you’ve reached an agreement with your landlord and the eviction case was dismissed, get proof and present it to the credit bureaus.
- Once you’ve removed the eviction, it’s an ideal time to check for any inaccurate information on your credit report. Look for incorrect dates or amounts, or debt that still shows a balance even when it’s been paid off, and submit additional disputes.
- For each bureau that records your civil judgment, you need to submit a separate credit dispute to the credit bureaus. The three major credit bureaus are Experian, Equifax, and TransUnion.
- Follow Up: Removing a civil judgement or some other unfair, negative things from your credit report takes time and diligence. Be sure to follow any instructions given by the credit bureau. Send follow-up communication if you don’t hear back from them within 30 – 60 days.
How Can I Rent If an Eviction is Still on My Public Record?
Even if your eviction record is expunged, you may still qualify to lease. You have a few ways to boost your odds of getting such an agreement.
- Describe how you’ve been evicted: Be forthcoming and forthcoming about evictions. If you repaired the relationship between the landlord and you, make sure the new landlord is aware that.
- Demonstrate your trustworthiness by listing references along with the background check.
- Think about paying the security deposit, first-month’s rent, and subsequent month’s rent at the time of signing a rental agreement.
- Find a third party to co-sign: A third party ensures that you have someone to attach with legally and financially.
- An excellent credit score can help you pay for your bills on time.
- Demonstrate that you are financially capable of paying your rent: Provide evidence of your income and other successful payments, such as payments on a car lease.
Continue to prove yourself to your landlord by making payments on time and properly taking care of the residence. Rebuilding your rental history will allow you to rent again easier in the future.
What Should I Do If My Civil Judgment Is Inaccurately Reported?
It’s possible that your civil judgment can continue to be recorded inaccurately on your credit reports and public record. It can be due to a variety of reasons, such as clerical errors or unsent correspondence.
If you see a judgment on your record that shouldn’t be there: correct it. It’s important to remove mistakes that harm your credit score, your ability to rent and your ability to apply for new credit.
If you attempt to erase the judgment at the local justice system yourself, or ask a lawyer for legal advice, you can call your credit report consultants at Lexington Law today.