How long does it take for eviction to get off your record? It depends on the situation. Whether an eviction is visible to potential landlords and how long it stays on your record depends on the type of record, the reporting method, and what steps you take to address it.
When a landlord uses a background screening agency, the agency can report the eviction for 7 years from the date of the judgment. However, a landlord checking court records directly doesn’t face any time limits.
How Long Does It Take For Eviction To Get Off Your Record?
First things first, let’s make sure you’ve actually got an eviction on your record because not every eviction notice means you’ve been officially evicted.
When your landlord gives you a pay or quit notice or a notice to vacate, this isn’t an eviction. It’s just the first step in the eviction process. An actual eviction happens when:
- The landlord files a formal case in court
- A judge rules in the landlord’s favor
- A court order instructs you to leave the property
Only then does the eviction become part of your public record and appear on tenant screening reports. Many people mistakenly believe that any warning notice equals an eviction, but that’s not true.
If you move out before your landlord files an eviction lawsuit, there isn’t any public record for your next landlord to find.
How Long Does An Eviction Stay On Your Record?
If you got a court-ordered eviction, here’s how long it will stay on your record.
Tenant Screening Reports: Tenant screening companies must follow the Fair Credit Reporting Act (FCRA), which limits how long evictions (a type of civil judgment) can appear on reports. Under the FCRA an eviction can only stay on these background reports for seven years.
Public Court Records: Court eviction records are public information, and the bad news is they don’t have an expiration date. This means that even after seven years, a landlord can still find your eviction by directly searching court databases in the jurisdictions covering your previous addresses.
Unlike tenant screening agencies, landlords performing a direct search aren’t bound by FCRA rules. Most landlords don’t run direct searches, though, so an eviction shouldn’t cause too many problems once seven years have passed.
If You Pay Off An Eviction Does It Come Off Your Record?
No. Paying off an eviction judgment doesn’t automatically erase the eviction from your record. Here’s what happens:
Tenant Screening Reports: While eviction debt may be noted as paid off on some reports (which can work in your favor with landlords) the eviction judgment itself will still show up until the seven-year limit expires.
Credit Reports: Evictions aren’t part of your credit report but the debt associated with the eviction could be. Paid-off eviction debt will remain on your credit report for 7 years unless you take steps to remove it.
Court Records: Even if you’ve paid what you owe, a court-ordered eviction remains a public court record unless you ask the court to seal your record.
How To Get An Eviction Off Your Record
Getting an eviction off your record isn’t easy, but there are steps you can take to try to prevent an eviction affecting future rental opportunities.
1. Ask A Judge To Seal Your Record
Many states allow tenants to request an eviction be expunged (erased) or sealed (hidden from public view). Here’s how to get an eviction removed from your record:
- Show you’ve paid off the eviction debt, and
- Demonstrate good cause, like temporary financial hardship, that has now improved
You’ll need to file a motion to seal with the court and provide proof to back up your request.
Demonstrating good cause can include evidence that:
- The eviction record is hurting your ability to find housing even though the debt has been paid
- Difficult circumstances led to the eviction (illness, domestic violence, death of partner, job loss, etc.)
- The eviction should no longer appear on your record because you’ve paid the debt or are keeping to a debt payment schedule
Ask your local tenant’s rights organization to help you file your request. You may even be eligible for free legal aid.
2. Dispute Incorrect Evictions
If you were wrongly evicted because you didn’t violate the terms of your lease, or your landlord didn’t follow the correct process you can ask the court to remove the eviction record.
Eviction laws vary by state, but every state has an eviction procedure landlords must follow. Before filing an eviction lawsuit, landlords have to issue a written notice containing specific information.
Landlords can’t threaten or intimidate tenants in any way. Nor can they shut off utilities or remove doors.
Find out about the eviction process in the state where you were evicted. If your landlord didn’t follow the rules, you’ve got a good case for getting the eviction removed from your record.
3. Pay Off Or Settle Your Debt
While eviction records no longer appear on credit reports, unpaid rent and other costs associated with the eviction will show on your report for 7 years if your landlord:
- Participated in a rent reporting program
- Sold your eviction debt to a collections agency
Three credit reporting bureaus issue credit reports—Experian, Equifax, and TransUnion. You can get a free credit report from each bureau to check if they include eviction-related debt.
If necessary, clean up your credit report by paying off the debt, agreeing to a settlement amount, or arranging a payment plan. Landlords, property managers, and collections agencies will sometimes accept less than the full amount you owe.
In return for paying your debt, ask the creditor to commit to a goodwill deletion. A goodwill deletion is when a creditor sends a letter to each credit bureau requesting the removal of the collections entry from your report.
Make sure you get the goodwill deletion agreement in writing. If your creditor doesn’t honor their side of the deal, you’ll have proof you can use to file a dispute with each credit bureau.
See Also: Can I Buy A House With An Eviction On My Record?
Alex Graham is a co-founder and manages high-quality content that helps once evicted/ex-felons find a place to call. home. Alex believes even if he can help one person return to a good, wholesome life it is well worth the effort.