How Long Does an Eviction Stay On Your Record? Rental Screening Tips for Tenants

Looking to move to a new place soon? Then you’ll have to go through the landlord’s or property manager’s tenant screening process. But what do you do if you’ve been evicted from your previous residence? How long does an eviction stay on your record? To answer these questions and more, here’s a review of rental history timelines, regulations, and more.

Key Takeaways

• Evictions can appear on tenant screening reports when they become part of public court records.
• Eviction records typically remain visible for up to seven years, including details such as filings and judgments, but can be removed or sealed depending on the circumstances.
• A prior eviction does not automatically prevent you from renting again, and transparency, financial stability, and character references can provide assurance.

Do Evictions Show on Your Tenant Screening Report?

Throughout our time in Atlanta property management solutions, we’ve come across some cases where an applicant is concerned about a prior eviction affecting their ability to secure a lease. The question now is: do evictions actually show on your tenant screening report? The answer is yes, and landlords and property managers do, in fact, take evictions and other details of your rental history into account when evaluating your application.

The tenant screening process is designed to provide landlords with insight into your qualifications as a tenant. Typically, they’ll look into your financial capabilities and creditworthiness to assess if you’re in a comfortable and stable position to lease the property. But aside from this, they may also review your rental history and other background information to better understand your history as a tenant. This is where rental history and background checks come into play.

If the landlord leverages tenant screening services, the report typically includes vital information, such as your credit history, criminal background information (where legally permitted), rental history, and other public records. So, if you have a prior eviction case that is part of the public court record, then this will most likely appear on your tenant screening report.

However, there are also some limitations to this. For example, if you did get evicted but your landlord did not file an eviction case with the court, then there’s a possibility that there will be no public record of the dispute. Therefore, the eviction may not appear on the screening report. On top of this, some states and local jurisdictions have regulations on how eviction records can be reported or used during an applicant’s screening process.

How Long Does an Eviction Stay on Your Record?

Now that we’ve established that evictions can appear in tenant screening reports, let’s take a deeper look. How long does an eviction stay on your record?

Under the Fair Credit Reporting Act (FCRA), consumer reporting agencies generally may report eviction-related records for up to seven years. This makes them visible on tenant screening reports – showing information related to eviction filings and court judgments – for the 7-year duration, unless you have the record sealed or expunged. However, the length of time court records remain publicly accessible depends on state and local court record retention policies.

How to Get an Eviction Off Your Record

As we’ve briefly mentioned above, in some situations, it may be possible to have an eviction record sealed, restricted, or otherwise removed from public access. However, the process depends on the type of record you have, as well as applicable regulations. Some states allow certain eviction records to be sealed from public access or completely removed from records. However, eligibility requirements may vary by jurisdiction and often depend on factors such as the status of the case (dismissed or resolved in your favor), as well as other legal requirements.

Georgia generally does not provide a formal process for expunging or sealing civil eviction records. In limited circumstances, such as certain dismissed or improperly filed cases, legal remedies may be available. In any case, it is best to consult a qualified housing attorney to understand your situation and options better.

How to Rent with an Eviction on Your Record

With all things considered, you might be wondering if it is still possible to secure a lease even with an eviction on your tenant screening reports. While an eviction may create a challenge for you when applying for a rental property, there are ways for you to boost your chances of qualifying and securing a lease agreement. Here are a few strategies and tips:

• Be honest and upfront about the eviction record and explain the reason or context behind the case.
• Strengthen your application by demonstrating your financial capabilities and stability.
• Demonstrate change or growth by providing strong references that may support your claim and provide insight into your reliability, responsibility, and level of commitment.
• Offer to provide additional assurance permitted by law, such as a larger security deposit where allowed. In Georgia, state law caps the maximum security deposit a landlord can receive at two months’ rent.

How Bay Property Management Group Can Help

As a tenant, having an eviction in your tenant screening report may seem like a huge hurdle that can make it difficult for you to pass future application processes. However, that is not always the case. Landlords and property managers consider a variety of factors, as long as they’re consistent with their normal screening process and applicable laws. So while eviction records can stay in tenant screening reports for up to 7 years, you can highlight your growth and show how much you’ve changed since then. Depending on your state and local laws, some evictions may qualify for sealing or other forms of relief.

Need help finding properties for rent in Atlanta and nearby areas? We at Bay Property Management Group have you covered! Come visit our website and check out our latest property listings today.