How To Get An Eviction Off Your Record?

Facing an eviction is a challenging and often distressing experience. It not only disrupts your living situation but also leaves a blemish on your rental history, potentially impacting your ability to secure future housing.

However, the good news is that while an eviction can be a significant setback, it doesn’t have to be a permanent mark on your record.

In this article, we will explore the steps and strategies you can use to effectively remove an eviction from your rental history.

How Can I Check If I Have An Eviction On My Record?

Before you dig deep into the question “can you get an eviction removed,” first it is important to understand how you can check if you have an eviction on your record or not. There are a few ways to check if you have an eviction on your record:

Check your Credit Report: Your credit report will not show the eviction itself, but it will show any collection accounts that have been opened for unpaid rent or eviction-related fees. You can get a free copy of your credit report from each of the three major credit bureaus once per year at annualcreditreport.com.

Request a Tenant Screening Report: These reports are­ comprehensive and e­ncompass essential information such as eviction records, rental history, and credit scores. Te­nant screening companies like­ TransUnion SmartMove or Equifax TenantConnect can provide­ these reports upon your re­quest.

Contact the Court Clerk in the county where you were evicted. The court clerk may be able to tell you if you have any eviction records on file.

Strategies For Getting An Eviction Off Your Record

 

1) Understand Your Eviction

The first step in the journey to getting an eviction off your record is to gain a deep understanding of the eviction itself. This involves digging into the specifics of your eviction case, which can vary widely from one situation to another.

Here’s how to go about it:

Know the Reasons for Eviction: Start by identifying the reasons behind your eviction. Common reasons include non-payment of rent, lease violations, and failure to comply with lease terms. Understanding the cause will help you address the root issue.

Obtain a Copy of the Eviction Notice: Request a copy of the eviction notice from your landlord or property management. This document will provide important details regarding the grounds for eviction, the timeline, and any demands for unpaid rent or damages.

Review the Court Proceedings: If the eviction case went to court, obtain a copy of the court records, including the judgment. This will give you insights into the legal process that led to the eviction and any judgments against you.

Check for Errors or Violations: Examine the eviction process closely. Look for any errors or violations in the process that could be grounds for challenging the eviction. For example, improper notice, illegal lockouts, or failure to provide essential services can sometimes be used in your favor.

2) Check Your State’s Laws

When it comes to removing an eviction from your record, understanding the laws and regulations in your state or jurisdiction is crucial. Eviction laws can vary significantly from one place to another, and knowing the specific rules that apply to your situation is essential.

3) Pay Any Outstanding Debts

Another essential step in the process of getting an eviction off your record is to address any outstanding debts related to the eviction. This typically includes unpaid rent, damages, or court-awarded judgments.

Clearing these financial obligations is not only ethically responsible but can also demonstrate to future landlords that you are actively working to rectify the situation.

By paying off your debts, you may improve your chances of having the eviction removed or at least mitigating its impact on your rental history. It’s a proactive step that showcases your commitment to making amends and managing your finances responsibly.

4) Expungement or Sealing Records

The best solution for people asking the question “can you get an eviction removed” is Expungement. In many cases, the most effective way to remove an eviction from your record is through the process of expungement or record sealing, which varies by jurisdiction.

Expungement typically erases the eviction from public view, while sealing restricts access to the records.

The eligibility and specific procedures for expungement or sealing vary by location. So it’s essential to consult local laws and possibly seek legal advice to determine if you qualify for these options.

Expungement or sealing can significantly improve your chances of securing future housing by presenting a clean slate to prospective landlords, allowing you to leave the past behind and move toward a more stable housing situation.

5) Take It To The Court

If you strongly be­lieve that your e­viction was unjust or wrongful, you have the option to se­ek legal redre­ss by challenging it in court. Wrongful evictions can arise due­ to various reasons such as landlord misconduct, failure to adhere­ to proper legal procedure­s or discrimination.

Pursuing a legal case can result in the declaration of the eviction as void or pote­ntial compensation for any damages incurred.

6) Wait For The Eviction To Be Removed

Generally speaking, an eviction stays on your record as part of your rental history for seven years. After seven years, some evictions will continue to show up in background checks and tenant screening reports.

7) Negotiate With Your Landlord

Engaging in a constructive dialogue­ with your previous landlord can be a helpful approach to re­move an eviction from your record.

Some­times, landlords are open to finding a re­solution, especially if you can demonstrate­ your commitment to resolving any outstanding issues. Ne­gotiating a settlement may involve­ paying off debts, creating a payment plan, or re­ctifying lease violations.

By reaching a mutually agre­ed-upon resolution, you can ensure­ a more amicable parting and potentially pre­vent negative re­ferences from the­ landlord. This will also minimize the long-term impact of the­ eviction on your rental history.

Can I Rent With An Eviction On My Record?

Yes, it is possible to rent with an eviction on your record. If you have an eviction on your record, there are a few things you can do to increase your chances of getting approved for a rental:

• Be Honest with the Landlord. When you apply for a rental, be honest with the landlord about your eviction history. Explain the circumstances of the eviction and what you have learned from the experience.
• Offer to Provide References. Offer to provide references from previous landlords or employers who can attest to your good character and rental history.
• Pay a Security Deposit. You may be willing to pay a larger security deposit in order to make yourself more attractive to landlords.
• Look for Landlords who are willing to work with Tenants with Evictions. There are some landlords who are specifically looking to rent to tenants with evictions. You can find these landlords by searching online or by contacting local tenants’ rights organizations.

How Much Does it Cost to Get an Eviction Expunged?

The cost to get an eviction expunged varies depending on your state and whether you hire a lawyer. In most states, there is a filing fee to submit a motion for expungement. This fee typically ranges from $50 to $100. If you qualify for financial hardship, you may be able to have the fee waived.

How To Get An Eviction Removed: Final Thoughts

Getting an eviction off your record can be a challenging process, but it is possible. By following the steps above, you can increase your chances of success.