Facing an eviction is a challenging and often distressing experience. It not only disrupts your living situation but also leaves a blemish on your rental history, potentially impacting your ability to secure future housing.
However, the good news is that while an eviction can be a significant setback, it doesn’t have to be a permanent mark on your record.
In this article, we will explore the steps and strategies you can use to effectively remove an eviction from your rental history.
Before you dig deep into the question “can you get an eviction removed,” first it is important to understand how you can check if you have an eviction on your record or not. There are a few ways to check if you have an eviction on your record:
Check your Credit Report: Your credit report will not show the eviction itself, but it will show any collection accounts that have been opened for unpaid rent or eviction-related fees. You can get a free copy of your credit report from each of the three major credit bureaus once per year at annualcreditreport.com.
Request a Tenant Screening Report: These reports are comprehensive and encompass essential information such as eviction records, rental history, and credit scores. Tenant screening companies like TransUnion SmartMove or Equifax TenantConnect can provide these reports upon your request.
Contact the Court Clerk in the county where you were evicted. The court clerk may be able to tell you if you have any eviction records on file.
The first step in the journey to getting an eviction off your record is to gain a deep understanding of the eviction itself. This involves digging into the specifics of your eviction case, which can vary widely from one situation to another.
Here’s how to go about it:
Know the Reasons for Eviction: Start by identifying the reasons behind your eviction. Common reasons include non-payment of rent, lease violations, and failure to comply with lease terms. Understanding the cause will help you address the root issue.
Obtain a Copy of the Eviction Notice: Request a copy of the eviction notice from your landlord or property management. This document will provide important details regarding the grounds for eviction, the timeline, and any demands for unpaid rent or damages.
Review the Court Proceedings: If the eviction case went to court, obtain a copy of the court records, including the judgment. This will give you insights into the legal process that led to the eviction and any judgments against you.
Check for Errors or Violations: Examine the eviction process closely. Look for any errors or violations in the process that could be grounds for challenging the eviction. For example, improper notice, illegal lockouts, or failure to provide essential services can sometimes be used in your favor.
When it comes to removing an eviction from your record, understanding the laws and regulations in your state or jurisdiction is crucial. Eviction laws can vary significantly from one place to another, and knowing the specific rules that apply to your situation is essential.
Another essential step in the process of getting an eviction off your record is to address any outstanding debts related to the eviction. This typically includes unpaid rent, damages, or court-awarded judgments.
Clearing these financial obligations is not only ethically responsible but can also demonstrate to future landlords that you are actively working to rectify the situation.
By paying off your debts, you may improve your chances of having the eviction removed or at least mitigating its impact on your rental history. It’s a proactive step that showcases your commitment to making amends and managing your finances responsibly.
The best solution for people asking the question “can you get an eviction removed” is Expungement. In many cases, the most effective way to remove an eviction from your record is through the process of expungement or record sealing, which varies by jurisdiction.
Expungement typically erases the eviction from public view, while sealing restricts access to the records.
The eligibility and specific procedures for expungement or sealing vary by location. So it’s essential to consult local laws and possibly seek legal advice to determine if you qualify for these options.
Expungement or sealing can significantly improve your chances of securing future housing by presenting a clean slate to prospective landlords, allowing you to leave the past behind and move toward a more stable housing situation.
If you strongly believe that your eviction was unjust or wrongful, you have the option to seek legal redress by challenging it in court. Wrongful evictions can arise due to various reasons such as landlord misconduct, failure to adhere to proper legal procedures or discrimination.
Pursuing a legal case can result in the declaration of the eviction as void or potential compensation for any damages incurred.
Generally speaking, an eviction stays on your record as part of your rental history for seven years. After seven years, some evictions will continue to show up in background checks and tenant screening reports.
Engaging in a constructive dialogue with your previous landlord can be a helpful approach to remove an eviction from your record.
Sometimes, landlords are open to finding a resolution, especially if you can demonstrate your commitment to resolving any outstanding issues. Negotiating a settlement may involve paying off debts, creating a payment plan, or rectifying lease violations.
By reaching a mutually agreed-upon resolution, you can ensure a more amicable parting and potentially prevent negative references from the landlord. This will also minimize the long-term impact of the eviction on your rental history.
Yes, it is possible to rent with an eviction on your record. If you have an eviction on your record, there are a few things you can do to increase your chances of getting approved for a rental:
The cost to get an eviction expunged varies depending on your state and whether you hire a lawyer. In most states, there is a filing fee to submit a motion for expungement. This fee typically ranges from $50 to $100. If you qualify for financial hardship, you may be able to have the fee waived.
Getting an eviction off your record can be a challenging process, but it is possible. By following the steps above, you can increase your chances of success.