Does An Eviction Go On Your Record? When This Happens, Yes It ...

1. When Does An Eviction Go On Your Record?
2. How Does An Eviction Go On Your Record?
3. Does Getting An Eviction Notice Go On Your Record? (Does An Eviction Notice Go On Your Record)
4. Eviction Law: All 50 States
5. How Long Does an Eviction Stay on Your Record?
6. Eviction Process Timeline (At What Point Does An Eviction Go On Your Record?)
7. How To Rent With An Eviction On Your Record
8. How To Get An Eviction Removed From Your Record
   1. Scenario One: Inaccurate Reporting of Eviction
   2. Scenario Two: Wrongful Eviction or Improper Procedure
   3. Scenario Three: Eviction Case Ruled in Tenant’s Favor
   4. Scenario Four: Tenant Was Rightfully Evicted

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Does an eviction go on your record? Many people wonder whether an old eviction will show up on their record when seeking a new residence or position of trust, and hurt their chances.

The short answer is “Yes, it does,” but only when a certain thing happens.

See, there are stipulations about what can show up on a person’s record, because some things are protected under various privacy laws.

An eviction, or unlawful detainer, is a legal process where a landlord files a civil court case to remove a tenant from a rental property.17

The legal process is usually initiated after one or more late or missed payments, but it may also be in response to another breach of contracts such as subletting, having too many people in one unit, or some illegal activity.18

Essentially, once the charges have been filed in court, the eviction is on the record. But, this is not the end of the story. There are still some conditions and stipulations that can have an impact on whether the eviction goes on someone’s public record.

Keep in mind that background checks for tenants will show an eviction if it went to court, and a previous landlord can also disclose an eviction if they are contacted by a potential new landlord.

This guide explains:

• Exactly when an eviction goes on record
• How the eviction process works
• What to do once an eviction is on record

When Does An Eviction Go On Your Record?

The eviction process is often long, expensive, and laborious, resulting in extensive court costs for the landlord and a plethora of negative consequences for the tenant.

Most landlords prefer to resolve the tenancy issues outside of court to avoid thousands of dollars in fees, but these cases regularly do go to court, and once there, it is part of the public record.

So, “At what point does an eviction go on your record?” The short answer is that the filing of a complaint with the courts goes on a tenant’s public record, regardless of how the case is resolved.17 18

Therefore, it’s important for tenants to resolve tenancy issues immediately to avoid a civil suit.

However, in cases where illicit activity is responsible for the eviction, it is unlikely that the dispute can be resolved outside of the court system. These situations often result in an unconditional eviction notice which goes straight to court and appears on record regardless of the tenant’s response.19

Illegal activity will not only show on the record for the eviction, but also potentially for the arrest and subsequent criminal charges.

How Does An Eviction Go On Your Record?

Eviction cases are handled in civil court, which means they do not appear on criminal records (though any criminal activity related to the tenancy would), so “How does an eviction go on your record?”

Because eviction cases are matters of public interest, they appear on a tenant’s public record, permanently, unless the tenant goes through the process of having the information expunged or sealed.

Furthermore, the civil case action appears on public records regardless of whether the case was resolved favorably or unfavorably for the tenant. These can be quickly searched in most states, using the judicial branch website.

The eviction case does not show up directly on a credit report, though any debts reported or sold to collection agencies do, resulting in negative marks on credit scores and negatively impacting an individual’s credit for up to seven years.12

Evictions also register on a rental history report, which lists all of an individual’s tenancies along with the outcomes.4

Does Getting An Eviction Notice Go On Your Record? (Does An Eviction Notice Go On Your Record)

If a tenant has committed a breach of contract, or lease violation, whether through defaulting on payments, subletting without permission, etc., a landlord must notify the tenant through an eviction notice or “pay or quit” notice.

An eviction notice is where the eviction process is initiated. There are two types of eviction notice: curable and incurable, and various states and jurisdictions have different lengths of time for notice periods.7 11

A curable eviction notice may be resolved before a civil action is filed if a tenant responds immediately to make reparations and leave the premises. According to the jurisdiction, a tenant may have a specified number of days to resolve the issue (e.g. pay money owed).7 In the case where the issue is resolved before court action is initiated, the eviction notice does not show up on the public record.16

An incurable eviction notice, often resulting from criminal activity, cannot be resolved and almost always results in an eviction suit. This type of notice will show up on rental history reports, public records, and adverse effects on credit reports.11 16

Eviction Law: All 50 States

Eviction laws vary across states and jurisdictions. It is important for tenants to understand their rights and how to comply with and navigate the eviction process.

The U.S. Department for Housing & Urban Development23 has many resources for landlords and tenants alike. The table below lists the links to each of the fifty states’ eviction law pages. Other websites have additional information on eviction processes and timelines by state.7

How Long Does an Eviction Stay on Your Record?

An individual with an eviction on record is likely wondering “How long does an eviction stay on your record?” A civil suit may remain on public record indefinitely unless expunged, though the details of the suit may not be explained.

Evictions generally fall off of rental history records after seven years, and seven years is also the benchmark for when negative marks resulting from eviction will fall off of a credit report. If an eviction stays on record longer than seven years, the affected individual may petition to have the information removed or sealed.7 12 19

Eviction Process Timeline (At What Point Does An Eviction Go On Your Record?)

Evictions can be a lengthy and confusing process for both landlords and tenants alike, and the timeline can look different depending on state and jurisdiction as well as lease terms. This article enumerates the general steps of the process and looks at some of the distinctions between areas as well.3

• An eviction notice or “notice to quit” is sent from the landlord to the tenant.

An eviction notice can be either conditional or unconditional. A conditional notice contains an explanation of how the lease or contract has been violated and instructions for how to remedy the situation. An unconditional notice warns a tenant that an official complaint is being filed to evict them from the property and requires the tenant to vacate the premises immediately.19

In most instances, the eviction notice will be the “pay or quit,” or conditional variety.3

In the state of New York, a landlord must wait until five days after payment was due and notify the tenant by mail that payment was not received. If the tenant does not respond or make the payment, the landlord can then issue the eviction notice.2

Whereas, in Washington State, an eviction notice may be sent the day after rent was due and not paid.17

At this point, no public record exists.

• The tenant is given a specified number of days to comply with the conditions of the notice.

Most states have at least two different notice periods, one for non-payment and one for non-compliance. There is a great deal of variance in the notice periods for different states.

For example, Washington State Law RCW 59.12.03074 permits 14 days for non-payment notices and 10 days for non-compliance.

In contrast, New York State Law Sec. 71175, allows a 14-day period for non-payment notices and a 30-day period for non-compliance notices.

Tenants should be sure to check the notice periods for the state of residence to ensure compliance with state law.7

• If the situation is not resolved by the end of the allowable days, the landlord may file an eviction complaint or unlawful detainer with the courts, and the tenant receives a summons to appear in court.

At this point, the court filing makes the eviction a public record that can be searched.

It is advisable for a tenant to seek legal counsel for a defense in court. The tenant should also gather any materials and documents (rent receipts, correspondence with the landlord) to refute the petition.

In the state of Washington, tenants have seven days to answer the summons with intent to appear and any information relevant to the defense.17

In New York, a tenant has ten days to respond to a summons if the suit is about non-payment of rent. No response is required if it is a non-compliance suit; the tenant must simply show up in court. Furthermore, either the tenant or landlord can request a postponement of up to 14 days.2

• The judge reviews all documentation and issues a ruling.

If the tenant does not appear in court, a default judgment will be issued against the individual. Most cases will go in the landlord’s favor, and the judge will issue a writ of restitution or execution and a judgment of the amount of money owed.

• Once a judgment is issued against the tenant, the tenant will have a set number of days to pay all debts and vacate the premises.

In Washington State, the writ is usually delivered by local law enforcement a few days after the case was decided. Tenants are given a period of three days to vacate the premises.17

New York’s Writ of Execution allows the tenant 14 days to leave the property. In contrast, the tenant may receive a Stay of Execution in special circumstances, allowing them to continue living at the property for up to one year.2

If the tenant does not vacate the premises within the allotted time, the landlord must notify the authorities to enter the property and remove the tenant. States have varying laws on how a tenant’s possessions are dealt with in this scenario.

How To Rent With An Eviction On Your Record

Although being evicted is a worst-case scenario for anyone, it does happen, and individuals who have been evicted from their homes likely feel anxious about tenant background checks. This is a well-founded concern, as it is a significant challenge to rent with an eviction on record.

However, this does not mean it is impossible. The list below outlines various actions that may be taken.

• Look to rent privately or from smaller apartments that don’t conduct background check invetigations. Smaller companies are less likely to have mandated background checks.
• Provide solid references to verify credentials.
• Be honest about rental history and prior eviction. Explain the circumstances.
• Get a co-signer with good credit to live with.
• Provide proof of income.
• Offer to pay a higher deposit upfront.
• Otherwise, negotiate payment with the landlord.
• Work on improving credit score.12 19

How To Get An Eviction Removed From Your Record

In some instances, it is possible to have an eviction removed from the record, though the process is fairly complicated. This section looks at some potential scenarios and steps that can be taken.

Scenario One: Inaccurate Reporting of Eviction

If an eviction is inaccurately reported on a person’s record, the individual should:

• Petition the court to have the eviction removed from the public record.
  • Provide proof of rental history and payments made.
• Notify the credit bureaus that the eviction was expunged.
  • Each credit reporting agency must be contacted individually.

Scenario Two: Wrongful Eviction or Improper Procedure

There are unfortunate situations where someone is evicted wrongfully or improper procedure was followed and the tenant should:

1. File a complaint with the U.S. Department of Housing and Urban Development.76
   • Explain how tenant rights have been violated.

1. Petition the county court to have the eviction expunged.
   • Provide evidence that the eviction process was not carried out properly by the landlord. OR
   • Provide evidence that the eviction process was discriminatory in nature.19

1. Notify the credit bureaus that the eviction was expunged.
   • Each credit reporting agency must be contacted individually.12

Scenario Three: Eviction Case Ruled in Tenant’s Favor

Occasionally, a judge will rule in the tenant’s favor. Yet, the civil suit still appears on the public record and may not report the outcome of the case. The tenant should:

1. Petition the court to have the civil suit removed from public record.

Scenario Four: Tenant Was Rightfully Evicted

This scenario is much more difficult, as the tenant has no grounds to fight his case in court. In this situation, the tenant should:

1. Ensure all debts are paid and settled with documentation. Any agreements or negotiations should be recorded in writing.
2. Notify the collection agencies that debts are settled and request that the eviction be removed from reports.
3. Request that the landlord to whom the owed rent has now been paid remove the eviction record from the tenant screening or rental history report.
4. Ensure the credit agencies are aware that all debts have been paid.19

Many unhappy individuals have faced the harsh reality of trying to secure a rental with an eviction on record. Anyone wondering “Does an eviction go on your record?” should know that evictions go on record when a complaint is filed with the court, and not before.