An eviction doesn’t just end with losing your home. It can follow you, impacting your ability to rent, apply for credit, or even secure a mortgage for years to come. Landlords, lenders, and even utility companies may view your history differently after an eviction, making everyday tasks like securing housing or getting a loan more difficult.
Knowing how long an eviction stays on your record and the steps to lessen its impact can help you rebuild faster, so you can move forward with fewer obstacles in your way.
Let’s dive into what you need to know to reduce the effects and improve your financial future after an eviction.
What is an eviction, and how does it affect your credit?
Evictions occur when a landlord sues a tenant to remove them from the property, usually due to non-payment of rent or violation of lease terms. In most states, landlords are required to follow a legal process, which involves filing a lawsuit and obtaining a writ of possession. This court order allows law enforcement to post an eviction notice and, if necessary, physically remove the tenant after the deadline to vacate has passed.
While some states allow “self-help” eviction methods, such as changing locks, this is illegal in most states. If your landlord attempts to evict you without going through the legal process, it’s essential to know your rights and contact local authorities.
An eviction not only results in losing your home but can also have serious financial consequences. If unpaid rent is sent to collections, it will appear on your credit report for up to seven years, negatively affecting your ability to secure future housing, loans, or credit.
Received an Eviction Notice? Here’s What Comes Next
The specific requirements may vary by state. However, what typically happens is that you’ll receive a summons and complaint delivered by a law enforcement official, such as someone from your local Sheriff’s office.
This notice tells you when and where to arrive for your court hearing. It also tells you what the landlord is suing you for. It could be for you to simply leave the property, or the landlord might also be seeking past due rent payments.
So, it’s important to go to the court hearing if you want to defend yourself against your landlord. If you don’t go, the landlord usually wins by a default judgment.
You’ll be held liable for the consequences laid out in the summons: eviction and potentially back rent, plus court fees for all parties involved. However, in some states, you might be able to prevent the eviction entirely if you can make the rent payments and court fees at the hearing itself.
The Eviction Process and Your Record
Evictions don’t happen overnight. The process typically starts when a landlord files a lawsuit against you, and it can take time for the eviction to show up on your records. Here’s how the timeline usually plays out:
- Lawsuit filed: Once you’re behind on rent or break the terms of your lease, your landlord can take legal action by filing an eviction lawsuit. This step starts the formal process, but it won’t immediately appear on your credit or rental history.
- Court judgment: If the case moves to court, and you lose, a judgment is entered against you. This can become a public record, but it won’t appear on your credit report unless it’s tied to unpaid rent or damages that go to collections.
- Reporting to credit bureaus: If your landlord sends unpaid rent to a collection agency, that’s when it can show up on your credit report. Collections are treated like any other debt, staying on your report for up to seven years.
- Rental history reports: Even if the eviction doesn’t show up on your credit report, it will most likely appear on your rental history. Tenant screening services used by landlords will show any prior evictions, which can make renting another place more difficult.
Credit vs. Rental History: How Each Is Affected
Evictions can impact both your credit and rental history, but they show up in different ways and affect your ability to rent or get credit differently.
Credit History
Your credit report doesn’t show an eviction directly, but unpaid rent or other debts related to the eviction may appear if your landlord sends them to a collection agency. Once an account is in collections, it’s treated like any other debt, remaining on your credit report for up to seven years—even if you eventually pay it off.
It’s important to note that public records, such as civil judgments from an eviction lawsuit, no longer appear on your credit report. However, if you owe unpaid rent or court fees, those debts can still show up through collections and damage your credit.
There’s no set timeline for when this will appear on your credit report; it depends on when your landlord or a collection agency reports the debt. This can make it harder to secure loans, credit cards, or even rental agreements if your credit is affected.
Rental History
Evictions are far more likely to show up on your rental history report, which landlords use for tenant screening. These reports track evictions, lease violations, and other issues related to your behavior as a tenant.
Even if your credit report doesn’t reflect the eviction, your rental history will. This can make it harder to find new housing, as landlords may be hesitant to rent to someone with a past eviction, even if your financial situation has improved.
Rental history reports don’t focus on unpaid debts but rather your behavior as a tenant. So, even if you’ve paid off any outstanding debts related to the eviction, the eviction itself can still be flagged during future tenant screenings.
How long do evictions stay on your record?
Whether it’s a collection account on your credit report or an eviction on your rental history, these records can affect you for up to seven years. Collection accounts linked to evictions follow the same timeline as other debt on your credit report. Even if you resolve the debt, it can still remain on your report for the full seven years from the original filing date.
On your rental history, the eviction will typically stay visible to landlords for the same seven-year period. It’s important to know that while expunging an eviction from public records can help your rental history, it won’t automatically remove any collection accounts from your credit report. You’ll need to dispute those separately with the credit bureaus.
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Grounds for Eviction: When can your landlord legally ask you to leave?
Eviction laws vary by state, but there are several common reasons landlords can legally evict tenants. Here are the most common grounds for eviction:
Pay or Leave
If you fail to pay rent, your landlord can issue a “pay rent or quit” notice, typically giving you three days to make a payment or vacate the property. If you don’t pay or leave, the landlord can file an eviction lawsuit.
Lease Violation
Breaking the terms of your lease, like keeping a pet when it’s not allowed or subletting without permission, can result in an eviction notice. You usually have around ten days to resolve the issue or move out.
Property Damage or Nuisance
If you’re damaging the property or creating a nuisance, such as being overly messy or disruptive, your landlord may issue a three-day notice to leave. You likely won’t have a chance to correct the issue in this case.
No-Cause Evictions
In some states, landlords can evict you without a specific cause, as long as you’re on a month-to-month lease. They’re required to give at least 20 days’ notice, but there doesn’t need to be a reason for the eviction as long as it’s not discriminatory.
Eviction Help and Legal Options
If you’ve received an eviction notice, it’s important to act quickly and know your rights. Eviction laws vary by state, but there are several steps you can take to protect yourself and possibly avoid being evicted.
Contact Legal Aid
Many states have Legal Aid organizations that offer free or low-cost legal assistance for tenants facing eviction. They can help you understand your rights, represent you in court, and provide advice on how to negotiate with your landlord. If you’re low-income, Legal Aid may even be able to take on your case for free. Reach out to your local Legal Aid office as soon as you receive the eviction notice to explore your options.
Speak with a Tenant Advocacy Group
In addition to Legal Aid, tenant advocacy groups can provide support. These organizations work to protect tenant rights and may offer resources, such as counseling, mediation services, or advice on local housing laws. They can help you negotiate with your landlord or guide you through the legal process if your landlord is not following proper procedures.
Explore Legal Defenses
Depending on your state’s laws and the circumstances of your eviction, you may have a legal defense. For example, if your landlord didn’t follow the proper legal procedures, such as giving you the required notice or maintaining habitable living conditions, you may be able to fight the eviction in court. This is where seeking legal advice can be crucial. A lawyer can review your case and help determine if you have grounds to challenge the eviction.
Negotiate with Your Landlord
If you’re facing financial difficulties, try speaking with your landlord to explain your situation. Many landlords would prefer to avoid the hassle and cost of going to court. Offer to make partial payments or set up a payment plan. If you’ve been a good tenant, your landlord may be willing to work with you to avoid eviction.
Taking these steps can help you avoid eviction or, at the very least, give you more time to find a solution. Acting quickly and understanding your rights is key to protecting yourself during this process.
How to Get an Eviction Expunged from Your Record
Expungement can be a way to remove an eviction from your public record, giving you a fresh start when it comes to renting and your financial history. However, not all evictions qualify for expungement, and the process varies by state. Here’s what you need to know.
When can an eviction be expunged?
Evictions can sometimes be expunged if they were handled improperly or under certain circumstances. Here are a few examples of situations where you might be eligible for expungement:
- Unlawful eviction: If your landlord didn’t follow proper legal procedures, such as failing to give you notice or violating state-specific eviction laws, you may be able to get the eviction removed.
- Wrongful eviction: If you can prove that the eviction was wrongful, meaning you didn’t violate the terms of your lease or were evicted for reasons that were not valid, the court may agree to expunge it from your record.
- Settling the debt: In some cases, if you’ve paid off all outstanding rent or reached a settlement with your landlord, you may be able to petition for the eviction to be removed from your record.
The Expungement Process
The process of expunging an eviction involves filing a petition with the court. You’ll need to provide evidence showing that the eviction should be removed, such as proof of improper handling or a settlement agreement. After filing the petition, a court hearing is usually scheduled where you’ll present your case.
The timeline for expungement can vary, but it typically takes several months from filing the petition to receiving a decision. If the court rules in your favor, the eviction will be removed from public records, which can improve your chances of securing housing and financial opportunities.
What happens if an eviction is expunged?
Once an eviction is expunged, it is removed from public court records, meaning it will no longer show up on background checks or tenant screening reports. This can make it much easier to rent a new place, as landlords won’t be able to see the eviction. However, it’s important to note that expungement doesn’t automatically remove any associated collection accounts from your credit report. You’ll need to dispute those separately with the credit bureaus.
If you’ve successfully had an eviction expunged, it’s a good idea to obtain a copy of the court order and keep it on hand. This way, if there’s any confusion or the eviction still shows up on a report, you can provide proof that it was expunged.
How to Remove an Eviction Judgment From Your Credit Report
After the eviction record has been expunged, you will need to get the civil judgment or collection account removed from your credit report. You can do this by disputing the items on your credit reports with the three major credit bureaus; Equifax, Experian, and TransUnion. They will not remove these items from your credit report automatically.
It’s also possible to have them removed from your credit report, even if it hasn’t been expunged from your eviction record. To do so, you will need to dispute the items with each credit bureau separately. You can do so by phone, online, or the best way is to send them a dispute letter.
Getting Professional Help
Evictions can affect your rental history and credit scores for up to seven years, making it harder to secure housing and access credit. However, by addressing any unpaid debts and disputing inaccuracies on your credit report, you can take steps to reduce the impact. If you’re facing eviction, it’s important to understand your legal rights and explore your options to potentially avoid long-term financial issues.
If you’re struggling with credit repair after an eviction, consider reaching out to Credit Saint. They’ve helped many individuals remove negative items from their credit reports. Request a free consultation on their website to see how they can assist you in improving your credit.