It can be stressful to see that you were kicked out of your home. This means that you might need to find a new place soon.
Besides that, if your landlord files for eviction, it will hurt your credit record. Also, other landlords can look at your rental past before they decide to rent you an apartment because it is a public record.
But you might be able to get that eviction thrown out.
If you want to get an eviction cleared from your record, first check to see if the reason your landlord gave for making it is legal in your state. In general, the four reasons why someone can be kicked out that are the same in all 50 states are:
- Not paying rent or paying late
- Breach of lease deal
- Not being helpful
- Notice to vacate for no reason
Having an eviction on your record can make it hard to rent in the future and hurt your credit score, so getting rid of these records is a very important process. Let us give you a full answer to these questions.
Types Of Eviction Expungement
You may be able to get rid of an eviction from your record in three different ways.
- Inherent authority is the first type: This is when a court thinks that protecting the rights of the potential tenant is more important than telling the landlords about the eviction.
- Statutory: this type of relief is possible if the case had major flaws or no legal basis.
- Property: Only if a landlord’s property was foreclosed on before filing it is it required.
What is “Interest Of Justice”?
In some situations, the benefits of ending an eviction far outweigh any harm it might cause to society. A judge will look at the following facts to decide if justice needs to be done:
If someone is evicted because of things they couldn’t control, they may need to think about whether those things are good enough to get the eviction taken off their record. It’s also important to look at how much time has passed since the removal and the request for expungement was filed.
These three things will help the judge decide if there are good reasons to get the record erased.
How Long Does An Eviction Stay On My Record?
Federal eviction laws say that being kicked out of a home goes on your record for seven years (§§ 1681-1681x). The date range is for both credit records and rental history reports. The entry should be erased from your record immediately after seven years. The reporting agencies start their time frame from the first time you failed to pay, not from the date you were actually kicked out.
You can see the details of the eviction if you ask TransUnion, Experian, or Equifax for a copy of your credit record. Another way to check your records is to go to one of the big rental history or tenant screening companies.
One more bad thing about having an eviction on your record is that it can stay there for seven years after you pay the fine. This usually happens when the eviction case ends in a civil judgment. This debt will show up on your credit report as a civil judgment debt.
How Does An Eviction Affect My Credit?
Getting kicked out of your home usually won’t have a direct effect on your credit score. It may show up on your credit record, though, and a potential landlord may look at your rental history and see that you were evicted. In the event that the landlord sues you for breaking the terms of your lease, this civil case may show up on your credit report.
If you want to rent an apartment, an owner will look into your application using a reputable rental reporting service like Experian RentBureau or TransUnion Smartmove. These agencies give you a separate report on your rent history that doesn’t show up on your credit record, which is helpful.
Still, being kicked out of a home can hurt your credit score if the landlord hires a collecting agency to get the rent money. The agency will report the debt to the credit companies, which will hurt your credit score unless you agree to pay them back and get the debt removed.
Overcome Eviction: 6 Powerful Ways to Get Rid of An Eviction
If you have an eviction on your tenant screening report, it may be even harder to find a new place to live. But it’s not impossible to get the eviction taken off of your record.
Understand The Eviction Process
To start, you need to know how the eviction process works in order to tell if an eviction was made against you correctly or not. An eviction is a formal process that takes place in court between the landlord and the tenant. If you were kicked out, the court gave an eviction order, which makes it harder for you to rent in the future.
Check For Accuracy
It is important to make sure that the information on your tenant screening report is correct before you try to get rid of an eviction. Evictions may show up on your report by accident from time to time. So, you should call the credit bureau or renter screening company to make sure the information on the report is correct.
Negotiate With The Landlord
If the eviction is true, you might be able to talk to the owner about getting it thrown out. Talk to the owner and let them know what’s going on. Offer to pay any rent or damage that is still due and ask if they would be willing to take the eviction off your record in return. If the owner says yes, make sure the deal is written down.
File A Dispute
You can file a dispute with the credit bureau or renter screening company if you can’t work out a deal with the landlord. Any proof that the eviction was made wrong or that the problem has been solved should be included in the dispute. The tenant screening company or credit bureau will then look into the dispute. If the proof is strong, they will take the eviction off of your report.
Seek Legal Help
If nothing else works, you might need to get help from a lawyer. A lawyer can help you get through the eviction process and give you advice on how to get the eviction taken off of your record. Also, they might be able to help you talk to the owner or file a dispute.
How To Rent With An Eviction On Your Record
You were kicked out of a house, and you’re worried that it will make it harder for you to rent another one. Do not worry! You can still find a new rental home, but it might be harder if you’ve been kicked out of a house before. To rent even though you’ve been kicked out of a place before, here are some tips:
1. Be Upfront And Honest
When looking for a new place to live, don’t try to hide or play down the fact that you were kicked out of your last apartment. Being open and honest about it is the best thing to do, and you should be ready to explain why you were kicked out.
2. Provide Additional Documentation
Along with your rental application, you might want to send extra proof that you are currently financially stable and will be a responsible tenant. This could be proof of a steady job, pay stubs, bank statements, or letters of reference from past landlords.
3. Offer To Pay A Higher Security Deposit Or Rent Upfront
If you want to rent to someone who has been kicked out of a previous rental property, you could offer to pay a bigger security deposit or even several months’ rent up front. This lets the owner know that you are serious about renting the house and can ease any worries they may have.
4. Get A Co-Signer Or Guarantor
If your eviction is a big red flag for possible landlords, you might want to ask a friend or family member you trust to co-sign or guarantee your lease. This person would be in charge of paying the rent if you could not, which can give the landlord extra peace of mind.
5. Work With A Rental Agency
Some rental services help people who have been kicked out of their previous homes find new ones. A lot of the time, these groups know owners who are more likely to rent to people who have been kicked out of apartments before. You might want to ask a rental service for help finding a new place to live.
6. Improve Your Credit Score
Even though being kicked out of your home can hurt your credit score, there are things you can do to make it better over time. Make sure you pay all of your bills on time, pay down your debt, and check your credit report often for any mistakes that could be hurting your score. If you work to improve your credit, you might be able to lessen some of the bad things that an eviction will do to your record.
Remember that being kicked out of a rental property doesn’t mean you can’t rent again. You can improve your chances of finding a new place to live by being honest, giving more paperwork, offering to pay more up front, getting a co-signer or guarantor, working with a rental service, and fixing your credit score.
Conclusion
It might be hard to get a removal off of your tenant screening report, but it’s not impossible. You can improve your chances of getting out of the eviction and finding a new home by learning about the process, making sure the paperwork is correct, negotiating with the owner, filing a dispute, or getting legal help.