Can I Still Get an Apartment With an Eviction?

An eviction is a legal process where a landlord removes a tenant from a rental property, often due to a lease breach like non-payment of rent. This action creates a public record that can significantly impact future housing prospects. While facing such a challenge can feel overwhelming, an eviction record does not necessarily close all doors to securing new housing. This guide provides clarity and actionable insights for individuals navigating the rental market with a past eviction.

Understanding Eviction Records

An eviction record documents legal proceedings initiated by a landlord to regain property possession. These records are public, accessible to future landlords through screening. An eviction on a tenant screening report significantly influences a landlord’s decision.

Eviction records typically remain visible on tenant screening reports for up to seven years from the judgment or filing date. This aligns with federal Fair Credit Reporting Act (FCRA) guidelines for negative consumer report information. Court records of an eviction filing may remain on public databases indefinitely, but tenant screening services usually adhere to the seven-year reporting limit.

A distinction exists between an eviction filing and an eviction judgment. An eviction filing occurs when a landlord formally initiates legal action in court, serving the tenant a complaint. This filing can appear on tenant screening reports, even if the case is dismissed or settled.

An eviction judgment is a court order granting property possession back to the landlord, often including a financial judgment for unpaid rent or damages. While a judgment is a definitive legal outcome, a filing simply indicates the start of the legal process. Both negatively impact rental applications, but a judgment carries more weight.

Landlords use specialized tenant screening services to check eviction history. These services, like TransUnion SmartMove, Experian, RentPrep, and Zillow Rental Manager, aggregate data from public court records and credit bureaus. Some reports include a specialized risk score for landlords, providing a comprehensive overview of a tenant’s rental risk.

Eviction records do not appear directly on standard consumer credit reports. However, unpaid rent or fees sent to collections will be reported. This can result in a collection account on a credit report, potentially damaging one’s credit score for up to seven years from the debt’s past due date. Both tenant screening and credit reports provide different but related financial insights into an applicant’s history.

Strategies for Securing Housing

Navigating the rental market with a past eviction requires a proactive approach. Understanding what landlords will discover during screening is a first step. Obtain free annual credit reports from the three major credit bureaus to review collection accounts related to past rental debt. Requesting a tenant screening report on oneself can reveal the eviction information landlords will see, allowing for preparation.

Open communication with landlords about a past eviction can be beneficial. Address the issue directly in the application or during the initial conversation, rather than waiting for the landlord to discover it. Focus on a concise explanation of the eviction’s circumstances, emphasizing lessons learned and changes implemented to prevent recurrence. Presenting it as a past challenge overcome demonstrates accountability and maturity.

Demonstrating current financial stability is important for a successful rental application. Provide proof of income, such as recent pay stubs (at least two months), W-2 forms, or tax returns (past two years), to establish consistent earning history. For self-employed or non-traditional income, bank statements showing regular deposits over several months can serve as proof. Positive references from current or previous landlords, if available, and professional references from employers can attest to character and reliability.

Offering financial incentives can mitigate landlord risk. This might include offering a larger security deposit, adhering to state and local legal limits (commonly one to two months’ rent). Some jurisdictions permit up to three months’ rent for furnished units or specific scenarios. Another option, if feasible, is to offer several months of rent upfront. While generally legal if voluntarily offered, landlords must ensure this complies with state regulations limiting advance rent.

Securing a co-signer or guarantor can strengthen a rental application. A co-signer agrees to be equally responsible for lease terms, including rent and property damages, if the primary tenant defaults. Landlords typically require co-signers to have excellent credit (often above 670) and stable incomes (frequently three to five times the monthly rent). The co-signer’s financial standing provides additional security for the landlord, making them more willing to consider an applicant with a past eviction.

A targeted search strategy can yield positive results. Instead of focusing on large apartment complexes with stringent corporate screening, seek private landlords or smaller property management companies. These entities may offer more flexibility and consider individual circumstances. Some organizations or properties specialize in “second-chance” rental programs for individuals with past evictions, providing an avenue to re-establish a positive rental history.

Exploring Alternative Housing Solutions

When traditional apartment applications are challenging, alternative housing solutions can provide immediate relief and pathways to stability. Finding a roommate or seeking subletting opportunities can offer a less stringent application process. In these arrangements, the primary leaseholder often has more discretion than a direct landlord, prioritizing compatibility and personal references over a perfect rental history. This approach enables individuals to establish a positive rental payment record, valuable for future independent applications.

Short-term or temporary housing options can bridge the gap while a permanent solution is sought. Extended-stay hotels offer furnished accommodations with flexible weekly or monthly rates, providing private living space without a long-term lease. While potentially more expensive than traditional rentals, these options eliminate security deposits and extensive background checks, offering immediate accessibility. Short-term rental platforms can be explored for longer stays, though costs may be higher and availability can vary.

Community resources and housing assistance programs support individuals facing housing insecurity. Organizations like United Way’s 211 service connect individuals with local non-profits and government agencies offering rental assistance, housing counseling, or eviction prevention. These services guide applicants through complex processes, help with understanding local tenant rights, and identify financial aid. The Department of Housing and Urban Development (HUD) has approved housing counseling agencies that provide low- or no-cost rental housing counseling.

Non-profit organizations, like The Salvation Army, provide emergency rental and utility assistance to eligible households experiencing financial hardship. These programs often consider individual circumstances and may offer direct financial aid or connect individuals to other support networks, helping stabilize housing. Local housing authorities may offer information on public housing or Housing Choice Vouchers (Section 8), though these programs often have waiting lists.

Temporary stays with family or friends can serve as a bridge during a housing transition. This option provides a stable, supportive environment, reducing immediate housing costs and stress. While not a long-term solution, it allows individuals time to save money, improve financial standing, and pursue permanent housing. This period can be used to gather necessary documentation and build a stronger financial profile for future applications.