Written by Background Check Repair
Background Checks | June 5, 2024
Table of Contents
With tenant background screenings becoming a more common aspect of leasing applications, many people wonder, how long does an eviction stay on your record?
Knowing how to check and remove it can be the difference between getting approved for a lease and being denied.
Checking if you have any evictions on your record is fairly easy and can be completed in just a few minutes by performing a background check on yourself using the search bar at the top of this page. Removing records can be somewhat tricky but it is possible to get the court records regarding the eviction sealed in order to minimize its impact on future rental applications.
When it comes to how long does an eviction stay on your record there are two different records to consider. The record of the eviction with the civil court where it was filed and the record of the eviction that can show up on an individual’s credit report.
A tenant screening report is similar to a tenant background check, but it also includes a risk assessment score and previous evictions and lawsuits.
During the tenant screening process, most landlords will perform background checks that will involve searches of both of these databases. Even if there was no civil case filed as a result of the eviction, in many cases the individual credit report will still have information about the eviction. In most cases, the credit report that contains a delinquent account as a result of eviction will appear on the credit report for 7 years.
During this time, any landlord who performs a credit check on the individual will be able to see this information. If the delinquent account is especially old and the credit report is otherwise fine, this may be overlooked. However, having any kind of delinquent account or history of evictions is always going to be a major red flag when it comes to passing a tenant background check.
When it comes to eviction records as a result of a landlord filing in civil court, these records will be around for even longer than eviction records on credit reports. In most states, civil court records will show up on a background check for around 10 years. Although most states do not automatically seal these records after 10 years have passed, most background check agencies will only go back 10 years while performing their investigation.
Some individuals who have recently been evicted and are trying to find a new rental may be wondering, how long does it take for an eviction to show up on your record? Generally, if the landlord filed the eviction through a civil court, the eviction will show up on the individual’s record as soon as the eviction paperwork is officially filed.
With digitized records, this usually means that they will be on the individual’s record almost immediately.
When it comes to eviction records that are kept by credit agencies, the information will also be available almost immediately afterward.
Many people will want to know, how long does an eviction stay on your rental history? The short answer is that some record of your eviction will stay on your record for 10 years at most.
There are several ways to reduce this number, but assuming the individual does not take any steps to clear their record then the credit report will show a delinquent account for around 7 years, and the civil case will appear on the individual’s public record for about 10 years.
Individuals wondering, can I buy a house with an eviction on my record, will be pleased to know there is no law or policy that would deny someone a mortgage solely because they have an eviction on their record.
However, just like having a criminal record while applying for a job. Even though the individual is not automatically disqualified, it will still play a major role and will likely be viewed as a red flag. However, individuals who have an otherwise clean rental history and have not been late on a payment in the last year will still have a fairly good chance of getting approved for a mortgage.
Eviction records, laws, and the way they affect future background checks are generally determined by state law.
Understanding your state’s tenant and eviction laws is a great asset to have when trying to determine how long does an eviction stay on your record and other rental-related questions.
Use the list below to learn more about eviction laws in each state.
With rental laws as confusing as they are, many individuals may not be entirely sure if a past eviction is still on their record and will want to know: How do I find out if I have an eviction on my record for free? Even for individuals who have never been evicted, it is usually a good idea to double-check your public record and your credit report to ensure that there is no eviction record present.
Unfortunately, it is fairly common for individual records to be incorrect and show evictions that never occurred, although it is possible to get these records fixed, not getting ahead of the problem can significantly delay the rental process which can lead to an individual losing out on a rental property entirely.
The easiest way to find out if you have an eviction on your record is to perform a public record search on yourself using the search bar at the top of this page. Besides the provided option, individuals can also use online background check services to perform a background check on themselves. Be sure to double-check that the background check service searches all public records and not just criminal records.
Since criminal records and civil records are filed in separate courts, a basic criminal history check will not reveal any eviction-related information.
Some people may not fully understand the tenant screening process and may want to know how do landlords check for evictions Landlords check for evictions during the background and rental history check phase of the application process.
In most cases, landlords will rely on a credit history check in addition to a public records check. If the individual has ever been evicted it is likely to show up on the credit report as a delinquent account. In some cases, the landlord may have filed paperwork to have a tenant evicted in civil court, a standard public records check will be able to find this paperwork which will have the name of the individual listed as the one being evicted.
Not all evictions are related to a tenant missing rent and in some cases, tenants may have been evicted illegally. People in this situation will be wondering: How long does an eviction stay on your record if the eviction was illegal?
Exactly how long an illegal eviction will stay on your record will depend on how quickly the individual starts the process to get the record sealed. If the individual can easily prove that the eviction was illegal and is able to hire an attorney to help with the process, it can be completed fairly quickly. Although it is normally difficult to get records sealed, civil court records tend to be easier to seal, especially in the case of documents that shouldn’t exist in the first place, such as the case of an illegal eviction.
If you have been evicted, you will likely understand the long-term consequences of this situation and will be wondering how to get an eviction removed from your public record. The process to get an eviction sealed or expunged is fairly simple and will usually involve a settlement deal with the landlord in court.
It is fairly common for a deal to be worked out in which the former tenant pays their debt in full in exchange for the record being sealed from public view.
Individuals who want to know how to petition the court to remove an eviction might be disappointed to learn just how important a lawyer is in this situation. A lawyer will be able to negotiate with the judge and the former landlord to figure out a deal that works for both parties. Unless the eviction was made illegally, it can be nearly impossible to get the court to remove the record without the cooperation of the former landlord.
Individuals looking to get an eviction sealed can use the links below to learn more about the process and find any necessary forms for each state.
Although it may require some extra work, those who want to know how to rent with an eviction on your record may be surprised to learn it is not as difficult as they think. One of the most reliable methods to convince a landlord to approve an application with a history of eviction is to pay as much of the rent as possible upfront. Although this is not always possible, offering to pay 3-6 months of rent upfront is one of the most reliable methods.
Essentially, anything that the renter can do to convince the landlord that they are trustworthy will help their cause. Higher security deposits, higher rent, and being honest about the circumstances of the eviction are all things individuals should offer during the application process.
Although many people are familiar with pre-employment background checks, many individuals may also want to know what information is included in rental background check screening. Generally, landlords will run two basic checks on potential tenants.
The first check will be a public records search. This will find all information filed in the courts such as past evictions, as well as criminal history information on the individual. Besides this, the landlord will also perform credit history checks to ensure the applicant is in good financial standing.
Individuals wondering how to get positive background screening results for an apartment should first perform a background check on themselves. This will allow the individual to see exactly what information their landlord will be seeing when they perform the check. If there is anything that could raise a red flag on the check, the best thing to do is to address it with the landlord beforehand and be upfront and honest about the circumstances of any criminal history or eviction history to increase their chances of approval.
Federal fair housing laws allow people who’ve been rejected for residency ways to dispute the rejection.Getting evicted is something that everyone wants to avoid, however, this is not always possible. In order to minimize any long-term effects an eviction can have, individuals in this situation should be asking important questions like, how long does an eviction stay on your record?
Getting an eviction removed from your record will involve a petition to have the record sealed in civil court, which will usually involve working out a deal with the landlord over any debts.
Bad rental history will stay on your credit history for 7 years and on civil court records for 10 years.
You might get nervous when someone’s running a background check as you don’t know what shows up on your record. And you might start asking if there are apartment owners or landlords who don’t require background screenings. Very few apartments do not perform background checks, individuals looking for a landlord that does not perform background checks should look for private landlords, rather than properties owned by large leasing companies.
Individuals can check for eviction records using a public records search such as the one at the top of this page.
People are occasionally taken aback by what they discover on their records, which might lead to them not getting the apartment they desired. You should begin by asking how can I do a rental background screening on myself without charge to avoid this from happening. You can use the search bar at the top of this page or a private background check that searches all public records, rather than just criminal records.
Waiting for the results can be agonizing for some people, and they might search for how long a background investigation can take. Most apartment background checks will be completed in less than a week.
1State of Louisiana. (2022). A Guide to Louisiana Landlord & Tenant Laws. Louisiana Department of Health. Retrieved October 28, 2022, from <https://ldh.la.gov/assets/oph/Center-PHCH/Center-CH/infectious-epi/EpiManual/MoldComplaints/AGguideToLandlordTenantLaw.pdf>
2U.S. Department of Housing and Urban Development. (2022). Tenant Rights, Laws and Protections: New Jersey. HUD. Retrieved October 28, 2022, from <https://www.hud.gov/states/new_jersey/renting/tenantrights>
3State of Oklahoma. (2019, December). Oklahoma Statutes Title 41. Landlord and Tenant. Oklahoma Senate. Retrieved October 28, 2022, from <https://oksenate.gov/sites/default/files/2019-12/os41.pdf>
4State of Texas. (2022, October 25). Landlord/Tenant Law. Texas State Law Library. Retrieved October 28, 2022, from <https://guides.sll.texas.gov/landlord-tenant-law>
5Constitution of Virginia. (2022). Virginia Residential Landlord and Tenant Act. Virginia Law Library. Retrieved October 28, 2022, from <https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/>
6Arizona Supreme Court. (2022). After an Eviction Judgment. AZ Courts. Retrieved October 28, 2022, from <https://www.azcourts.gov/legalinfohub/Legal-Info-Sheets/Landlord-Tenant-Disputes-amp-Eviction/After-an-Eviction-Judgment>
7The Delaware Judiciary. (2022). Expungement/Pardon of Criminal Record. Delaware Courts. Retrieved October 28, 2022, from <https://courts.delaware.gov/help/expungements.aspx>
8Indiana Judicial Branch. (2021, October 21). Eviction Task Force. Indiana Courts. Retrieved October 28, 2022, from <https://www.in.gov/courts/iocs/committees/eviction/>
9State of Maine. (2022). 128th Legislature Bills. Office of the Governor. Retrieved October 28, 2022, from <https://www.maine.gov/governor/lepage/official-documents/128th-legislature-bills.html>
10New Jersey Judiciary. (2022). Expunging Your Court Record. New Jersey Courts. Retrieved October 28, 2022, from <https://www.njcourts.gov/selfhelp/expungement.html>
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