Can You Get an Apartment After an Eviction?

Navigating the housing market is challenging, especially with an eviction on your record. While daunting, an eviction does not always prevent finding suitable housing. This article provides practical information and actionable strategies to help secure an apartment, covering how evictions are recorded, how landlords assess applicants, and proactive steps you can take.

How Evictions Impact Your Rental History

An eviction initiates a legal process, and its outcome generally becomes part of the public record. These court records are accessible, meaning prospective landlords can typically find information about an eviction filing during a routine background check.

Evictions are commonly reported on specialized tenant screening reports, which landlords frequently use to evaluate applicants. Companies like TransUnion SmartMove, Experian RentBureau, CoreLogic, and others compile these reports, which can include rental history, credit information, and criminal background details. An eviction record can remain visible on these reports for up to seven years from the date of filing. While an eviction judgment does not directly appear on a consumer credit report, related unpaid rent or damages sent to collections can negatively impact a credit score. Such collection accounts can stay on a credit report for up to seven years from the date payment was first past due.

Understanding Landlord Screening Practices

Landlords employ a thorough screening process to assess the risk associated with potential tenants. A typical rental application involves providing personal details, employment history, previous residences, and references. This information helps landlords determine an applicant’s reliability and financial stability.

A primary factor landlords consider is income verification, often requiring an applicant’s gross monthly income to be at least two and a half to three times the monthly rent. This income-to-rent ratio helps ensure the tenant can comfortably afford the rent. Landlords also conduct credit checks to review payment history, existing debts, and any derogatory marks like late payments or accounts in collections. Landlords contact previous landlords to inquire about payment history, property care, and lease adherence. Criminal background checks are another component, assessing relevant legal history. Landlords assess overall risk and stability, and an eviction record signals higher risk due to a history of lease violations or non-payment. While landlords must adhere to fair housing laws, these regulations typically do not prevent discrimination based on eviction history itself.

Strategies for Finding a Rental

Securing a rental after an eviction requires a proactive and strategic approach to effectively address the concerns of prospective landlords.

Be Honest and Explain

Being honest and upfront about the eviction is a crucial first step. Prepare a concise explanation of the circumstances, focusing on steps taken since the eviction to resolve issues and demonstrate improved responsibility. This open communication can build trust and show accountability.

Provide Financial Reassurance

Financial reassurance can significantly improve your prospects. Offer a higher security deposit or prepay the first and last month’s rent to signal commitment and financial stability. Present strong evidence of stable income, such as recent pay stubs, W-2 forms, or bank statements. These documents verify your ability to meet future rent obligations.

Secure Strong References

Strong references can help mitigate concerns raised by an eviction. Personal references from employers, colleagues, or mentors who can vouch for your character and reliability are valuable. If you have successfully rented since the eviction, obtain a positive reference from that landlord to demonstrate a renewed positive rental history.

Target Flexible Landlords

Finding landlords more flexible with eviction histories can be beneficial. Private landlords may have less rigid screening policies compared to large property management companies. Some organizations or landlords specialize in “second chance” programs designed to assist tenants with past housing challenges. Networking within communities or seeking referrals can lead to these opportunities.

Improve Your Application Profile

Improving your overall application profile can further enhance chances. Take steps to improve credit, such as paying down existing debts or disputing inaccuracies on credit reports.

Another option is to secure a co-signer or guarantor, a financially stable individual willing to be legally responsible for the lease if you default. A co-signer provides the landlord with added assurance and mitigates perceived risk. Renting a room or subletting can serve as a temporary solution, allowing you to build a new, positive rental history before seeking a full apartment lease.

Tenant Rights and Resources

Tenants have specific rights concerning their tenant screening reports under the Fair Credit Reporting Act (FCRA). This federal law provides individuals the right to access a copy of their tenant screening report, allowing them to review the information landlords use in their decision-making.

If you find inaccurate or incomplete information on your credit or tenant screening report, you have the right to dispute it. The process involves contacting the reporting agency directly, providing documentation to support your claim. The agency typically has 30 days to investigate. If a rental application is denied or less favorable terms are offered based on a consumer report, landlords must provide an adverse action notice. This notice includes the name and contact information of the consumer reporting agency, and explains your right to obtain a free copy of the report and dispute its contents.

Various resources assist tenants navigating housing issues, including those related to past evictions. Local legal aid societies and non-profit housing counseling agencies often provide free or low-cost legal assistance and guidance on tenant rights. These organizations offer support with understanding tenant laws, disputing report errors, and navigating the rental application process. While fair housing laws protect against discrimination based on certain characteristics, eviction history itself is generally not a protected class. However, if discrimination is suspected on other grounds, complaints can be filed with relevant housing authorities.