How to Know If an Eviction Is on Your Credit
Unsure if an eviction affects your housing or financial standing? Learn how to comprehensively check your records and understand its potential impact.
Unsure if an eviction affects your housing or financial standing? Learn how to comprehensively check your records and understand its potential impact.
An eviction record can significantly affect an individual’s financial standing and future housing opportunities. This article guides readers through determining if an eviction is on their record, where to look, and how to address inaccuracies.
While an eviction itself does not directly appear on traditional credit reports, related financial issues can affect credit scores and future housing applications. If a tenant fails to pay rent, the landlord may send the unpaid debt to a collections agency. This collection account will then appear on a credit report, potentially causing a significant drop in the credit score. Such collection items can remain on a credit report for up to seven years from the date of the original delinquency, making it harder to obtain new credit or secure rental housing.
Eviction filings are formal court actions initiated by landlords and are public records. These records can be accessed through public record databases or specialized tenant screening reports. A judgment against a tenant for unpaid rent or damages, resulting from an eviction case, can also become part of public records and may be included in some consumer reports. Landlords frequently use tenant screening services that specifically search these public records to assess a prospective renter’s history.
The distinction between an eviction filing and an eviction judgment is important. A filing indicates that a landlord has initiated legal proceedings, while a judgment means the court has ruled in the landlord’s favor, often ordering the tenant’s removal and potentially awarding monetary damages. Both filings and judgments can be viewed by future landlords through tenant screening reports or direct court record searches.
Determining if an eviction is on your record involves checking several key sources.
Credit reports are a primary place to check for financial impacts related to an eviction, such as unpaid rent sent to collections. You are entitled to a free copy of your credit report once every 12 months from each of the three major nationwide consumer credit reporting companies: Experian, Equifax, and TransUnion. These can be obtained by visiting AnnualCreditReport.com, calling (877) 322-8228, or by mail.
Tenant screening reports are often the most direct source for eviction history. Landlords frequently use these reports to evaluate applicants, as they compile information including credit history, criminal records, and eviction history. If a landlord denies a rental application based on information in one of these reports, they are generally required by the Fair Credit Reporting Act (FCRA) to provide an adverse action notice. This notice includes the name and contact information of the company that provided the report, allowing you to request a copy of your own tenant screening report from that company.
Eviction filings and judgments are public court records. To search these records, look for the municipal or county court in the jurisdiction where the eviction occurred. Many courts offer online portals to search for cases by name. You might search for “unlawful detainer,” “forcible entry and detainer,” or similar case types. While some court records are available online, others may require an in-person visit to the clerk’s office or a mail-in request, and there may be a fee for copies.
Once you have obtained your reports, understanding what specific information indicates an eviction is important.
On credit reports, look for collection accounts from previous landlords, property management companies, or third-party debt collectors. These entries might be labeled as “collections” or “charge-offs.” The presence of such an account, especially if the original creditor is a past landlord, strongly suggests that unpaid rent or fees related to a previous tenancy were sent to collections. These can significantly impact your credit score.
Tenant screening reports often feature a dedicated section for “eviction history” or “landlord-tenant records.” Within this section, look for specific details such as case numbers, court dates, and whether a judgment was issued against you. These reports may also indicate if the eviction was completed or if there was an informal move-out after an eviction notice. The report might also detail financial liabilities, such as unpaid rent or charges for property damage.
When reviewing public court records, search by your name for case types like “unlawful detainer,” “forcible entry and detainer,” or other eviction-related terms. Identify cases where you are listed as a defendant. The court documents will show the progression of the case, including the initial filing, any hearings, and the final judgment. Look for whether a judgment was entered against you, as this signifies the court’s official decision in favor of the landlord.
If you discover inaccurate or outdated eviction-related information, you have rights to dispute and correct these errors.
For credit reports, you can dispute inaccuracies directly with each of the three major credit bureaus: Experian, Equifax, and TransUnion. This can typically be done online, by phone, or by mail. Clearly explain what information you believe is wrong and provide any supporting documentation. The credit bureau is required to investigate your dispute, usually within 30 days, and correct or remove information found to be inaccurate or unverifiable. You can also dispute the information directly with the original creditor who reported it.
When dealing with tenant screening reports, contact the tenant screening company and submit a formal dispute, providing evidence to support your claim. These companies generally have 30 days to investigate your dispute and correct any errors. If your rental application was denied due to an error on a tenant screening report, the landlord must provide you with the screening company’s contact information.
Correcting inaccuracies in public court records is generally more complex, as these records are maintained by the court system. For minor clerical errors, you may be able to file a motion with the court to request a correction, providing evidence to support your claim. If the error is more substantial, such as an incorrect judgment, the process can involve filing a motion to vacate the judgment or even an appeal, which may require legal assistance. Gather all supporting documents and contact the clerk of the court where the record is maintained for guidance on their specific procedures.