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How Long Does an Eviction Stay on Your Record?

George Simons | December 02, 2022

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Are you being evicted? Find out how long an eviction stays on your record and how to avoid it.

An eviction on your record can negatively impact your chances of renting a new apartment or taking out insurance policies. It's a process that begins when landlords:

  • File for eviction.
  • Hire debt collectors to collect back rent.
  • Sue you in small courts.
  • Report late payments.

Unpaid rent and eviction records are then entered into digital warehouses of credit bureaus where other landlords can access them. Unfortunately, landlords rarely rent their properties to individuals with eviction or rent nonpayment history.

If a landlord ever sues you for unpaid rent, you can always use the SoloSuit software to file an attorney-approved answer in three simple steps. The sad bit is that eviction stays on the credit report for at least seven years. Moreover, if you apply for bankruptcy and claim unpaid rent, it remains on your record for ten years.

An eviction can only be taken off your record if a judge orders its removal. However, this is highly unlikely because most eviction cases rarely go to trial.

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What's the impact of eviction on your credit report?

Evictions can significantly bring down your credit score. For instance, your landlord can sue for late or unpaid rent in a small court and win the case. And, when that happens, you'll have a civil judgment that negatively affects your credit history and stays on your record for seven years.

Eviction information may not appear on your credit report but can still be found in your rental history report. However, if your landlord sold an unpaid debt following your eviction to a collection agency, then it can still appear on your credit report in the form of a collection account.

How can you remove an eviction from your record?

The only way to remove an eviction from your record is by petitioning the court to remove it and winning the case. Follow the steps below if you wish to dispute your eviction:

1. Petition the court. You'll need to go to the county where the case was filed and petition the local court to remove eviction from your record.

2. Prove you didn't violate the terms of your lease. It's essential to prove that you paid your rent on time and left the property in good condition.

3. Prove the landlord didn't follow the due process of eviction. State laws vary when it comes to eviction processes. Ensure you familiarize yourself with the legal procedure governing eviction suits in your state, then prove to the court that the landlord failed to follow the due process.

If you can prove that you didn't violate the terms of your lease or the proper eviction processes weren't followed, you'll have a good chance of winning the case. The eviction will be removed from your record if you convince the judge there was no wrongdoing on your part.

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What if you lose the eviction lawsuit?

If you couldn't defend yourself properly and ended up losing the eviction lawsuit, you can opt to talk to your landlord for a mutual settlement. You can even request a mediator from the court to help sort out the situation.

After having a mutual agreement with your landlord, you can apply for expungement of the eviction record with your landlord's permission. Ensure you document all mediation proceedings, the landlord's consent, and mutual agreement. These documents will help support your expungement application.

Note that even if your expungement application is successful, you'll still need to clear your name from credit reporting agencies.

How to rent with an eviction record

Landlords can deny your tenancy application if you have an eviction on your record. But there are a few things you could do to help you find a place to rent easily. These include:

  • Explain the eviction. Talk to your new landlord and explain what happened; they might understand your side of the story and allow you to rent.
  • Offer to pay upfront. If your record shows that you were sued for unpaid rent by your previous landlord, you can offer to pay your rent upfront.
  • Get a co-signer. Getting a co-signer gives your landlord peace of mind knowing that you have someone who is backing you financially.

An eviction stays in your record for at least seven years and can hurt your chances of renting a property. However, if you believe you were evicted unfairly, you can petition the court if you have enough evidence to support your case. Lastly, if you're offered a place to rent, consider rebuilding your rental history by making timely payments and always ensuring the property is in good condition.

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How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

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