How Bad Is an Eviction on Your Record?

An eviction refers to the legal process through which a landlord removes a tenant from a rental property. This action typically occurs when a tenant violates the terms of a lease agreement, most commonly through non-payment of rent. While the concept may seem straightforward, an eviction can create a lasting mark on a person’s financial and residential history. Understanding the implications of such a record is important for anyone navigating the rental housing market.

What an Eviction Record Is

An eviction record originates from a formal legal process where a landlord seeks to regain property possession. This process starts with the landlord filing a lawsuit, such as an unlawful detainer action. If the court rules for the landlord, an eviction judgment is issued, becoming a public record. This judgment distinguishes a formal eviction from simply moving out without court intervention.

Court-ordered evictions are public records, compiled by tenant screening companies from various databases. Landlords subscribe to these services to assess an applicant’s rental history and potential risks. While not all landlord-tenant disputes lead to a formal record, any case with a court judgment will likely appear in these databases.

Eviction judgments remain on public court records indefinitely, depending on the jurisdiction. However, tenant screening companies typically report them for seven years from the judgment date. This timeframe aligns with reporting periods for other negative financial information, like bankruptcies or unpaid debts. After seven years, the eviction may no longer appear on standard tenant screening reports, though the court record persists.

Impact on Finding New Housing

An eviction record significantly affects securing new rental housing. Landlords and property management companies use tenant screening reports, viewing an eviction judgment as a major red flag. This indicates a history of failing to meet lease obligations, posing a substantial risk to future landlords. Many property managers have strict policies against renting to individuals with a prior eviction.

From a landlord’s perspective, a past eviction signals potential financial instability, a higher likelihood of future non-payment, or disregard for lease terms. Eviction costs, including legal fees, lost rent, and property damage, can be substantial. Landlords mitigate these risks by avoiding applicants with a documented eviction history, directly influencing their tenant selection.

Applicants with an eviction record often face rental application denials, making housing searches challenging. Some landlords might consider an applicant if they provide additional assurances, such as a higher security deposit or a guarantor. A guarantor, a financially stable individual, agrees to be responsible for rent if the tenant defaults. However, these options are not always available or financially feasible.

The impact varies by housing type. Private landlords may be more flexible, considering individual circumstances. Larger property management companies are often less flexible due to strict corporate guidelines and automated screening. Subsidized housing programs or properties with strict income requirements may also be affected, as they often include rental history checks in their tenant selection criteria.

Wider Financial and Social Consequences

While an eviction primarily impacts housing, its effects extend to broader financial and social aspects. An eviction itself does not directly appear on consumer credit reports, which track credit accounts, payment history, and public records like bankruptcies. However, financial obligations from an eviction can significantly harm a person’s credit score.

If a landlord obtains a money judgment for unpaid rent, property damage, or legal fees, this judgment can be reported to credit bureaus as a civil judgment or collection account. Unpaid debts sent to collections, such as outstanding rent, will be reported as delinquent accounts. Such negative entries can cause a substantial drop in a credit score, making it difficult to obtain loans, credit cards, or utility services without a deposit.

Some employers, especially for roles requiring financial trust, may conduct background checks that include public court records. An eviction judgment, being public, could be uncovered. While an eviction typically does not directly disqualify someone from employment, it might be a factor considered by an employer, particularly if the role involves financial responsibility. The Fair Credit Reporting Act (FCRA) governs information used for employment decisions.

Beyond financial and employment challenges, an eviction can lead to significant social and emotional consequences. The instability can create stress, anxiety, and displacement. Repeated housing denials can erode self-esteem. Being forced into less desirable housing or temporary situations can impact access to stable communities, schools, and employment, creating a cycle of difficulty.

Steps to Address an Eviction Record

Individuals with an eviction record can take proactive steps to address its impact. First, obtain copies of tenant screening reports and public court records. These reports can be requested from consumer reporting agencies specializing in tenant screening. Reviewing these documents verifies accuracy and clarifies what prospective landlords see.

When applying for new housing, transparency with landlords can be beneficial. Explaining circumstances, especially with mitigating factors, and providing strong references can demonstrate responsibility. Offering a larger security deposit or securing a co-signer, if feasible, provides added assurance to a hesitant landlord.

In some jurisdictions, an eviction record may be expunged or sealed, removing it from public view. This legal process depends on state and local laws, with varying eligibility criteria. Some states allow expungement if the case was dismissed, settled in the tenant’s favor, or after a certain period. Pursuing expungement typically requires legal assistance and can be complex.

Building a positive rental history after an eviction demonstrates future reliability. This might involve securing a rental with a more understanding private landlord or in less competitive markets. Consistently paying rent on time and maintaining the property establishes a new, positive track record for future landlords.